LAWS(ORI)-2015-11-78

SHAMIMA KHATOON Vs. SAYED MD. ZIKARUNA BABI

Decided On November 19, 2015
SHAMIMA KHATOON Appellant
V/S
Sayed Md. Zikaruna Babi Respondents

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging a part of the order dated 16.03.2011 particularly keeping the matter of substitution as against the defendant No. 1 in the suit deciding an application under Order-22 Rule 5 of the C.P.C. open with observation that the issue can be re-agitated in case of hearing of the suit.

(2.) Challenging this part of the order passed in C.S. No. 106/04, learned counsel for the petitioner submits that once there is a full fledged probe in the matter of submission of the party for considering an application under Order 22 Rule 4 applying the provision under Order 22 Rule 5, the trial Court was not justified in keeping the position of the party substituted open for the purpose of the decision in the suit. In the premises, learned counsel for the petitioner seeks for interference of this Court in that particular part of the impugned order.

(3.) Learned counsel for the opposite party on the other hand submits that since the inquiry is restricted in relation to an application under Order 22 Rule 4 of C.P.C., the question of such illegal representation and his right thereof can be a subject matter in the trial of the suit.