ABDUL JALIL LASKAR Vs. MONIR UDDIN LASKAR (MD.)

JUDGEMENT

(1.) Heard Mr. A.M. Barbhuiya, learned Standing Counsel for the petitioner. None appears for the respondents.

(2.) The petitioner has filed an application under Article 227 of the Constitution of India read with Sec. 151 CPC against the impugned order dtd. 8/4/2019 passed by the learned Munsiff No.1, Hailakandi in Title Suit No.21/2014, whereby the present petitioner who was impleaded as defendant No.40 was not allowed to submit his written statement beyond the statutory period.

(3.) The brief facts of the case is that the present proforma defendant Nos. 2 to 35 filed a Title Suit bearing No. 21/2014 before the learned Munisiff No.1, Hailakandi against the present principal defendants/respondents Nos. 1 to 26 praying for a decree declaring the right, interest and possession over the suit land by virtue of purchase, possession and by right of inheritance etc. Accordingly, the defendant Nos. 1 to 7, 10, 11, 13, 18 and 19 submitted their written statements in the said suit. Subsequently, the defendants could know that on 18/10/2016 i.e. during pendency of the suit, the plaintiff No.1 vide registered sale deed sold out 6 Khatas of land to his daughter-in-law Shilpi Begam Barbhuiya which includes 1 Khata of land under suit dag No.428 of patta No.144. As per allegation of the defendants, on 26/9/2016 during pendency of the suit, the plaintiff No.7 Tahera Begum Laskar sold out 12 Khatas of land to her husband i.e. present petitioner namely Abdul Jalil Laskar including another 1 katha of land under same dag numder and patta number. Thereafter, the defendant Nos. 2 to 7, 10,11,13,18 and 19 filed a Misc. Case being No. 35/2018 in title Suit No. 21/2014 praying for adding/impleading the said purchaser i.e. Shilpi Begam Barbhuiya and Abdul Jalil Laskar i.e. the present petitioner and accordingly they were impleaded as defendant Nos. 39 to 40 respectively in the said suit.