LAXMIKANTA KAR Vs. SURENDRA PAUL & ORS.

JUDGEMENT

(1.) CHALLENGING , inter alia, the order dated 11.7.2013 passed by the learned Single Judge, the aforementioned appeal has been filed. By the said order, the learned Single Judge confirmed the order dated 16.03.2013 passed by the learned Civil Judge (Junior Division), Jaleswar in C.S. No. 83 of 2005 allowing the application under Order 1 Rule 10(2) of the Civil Procedure Code (in short, "the CPC"). The appellant as plaintiff laid a suit being C.S. No. 83 of 2005 in the court of learned Civil Judge (Junior Division), Jaleswar for declaration of right, title and interest in respect of suit schedule plot, for a declaration that the major settlement R.O.R. as illegal and for permanent injunction. In the said suit, the villagers filed an application for impletion of parties. The case of the villagers is that they are using the suit schedule property since long and the goddess temple is situated towards the southern side of the suit land. Towards the northern side, there is a main road from Jaleswar to Chandaneswar. They have also asserted that they have a right on the way to the temple and, as such, they are necessary parties to the lis. The said application having been allowed, the plaintiff filed the writ application. Learned Single Judge dismissed the writ application.

(2.) WE have Mr. A.S. Nandy, learned counsel for the appellant.

(3.) ORDER 1 Rule 10(2) of the CPC postulates as follows: