SUBAHU KUMAR JAIN Vs. JAGDISH PRASAD CHOUDHURY

JUDGEMENT

(1.) This is an application under S.115 of the Code of Civil Procedure directed against the judgment and order dated 14-7-88 passed by the Assistant District Judge, Barpeta in Misc. Case No. 51/87 and Title Suit No. 21/87 rejecting the petition for addition of the petitioner as a defendant and for setting aside the ex parte decree.

(2.) The facts of the case may be briefly stated as follows:- The opposite parties 1 and 2 Jagdish Choudhury and Smt. Rukmini Choudhury filed a suit against the opposite party 3 Shri Vikram Chand Daga who is the father of the present petitioner for eviction from the suit premises. The suit was disposed of on 30-1087 by an ex parte decree. The opposite party 3, Shri Vikram Chand Daga was the defendant in the said suit who filed a petition under O. 9, R. 13, C.P.C. for setting aside the ex parte decree. In course of hearing of the aforesaid petition, after the recording of the evidence of the parties at the argument stage, a petition was filed by the present petitioner stating that he was the real tenant of the suit premises and not his father Vikram Chand Daga and he should be impleaded as a party in the original suit. By the said petition, the petitioner also prayed for setting aside the ex parte decree by treating the application under O.9, R. 13, C. P. C.

(3.) The Assistant District Judge heard the said petition and held that the petitioner was not a tenant, and as such, he had no locus standi in the suit and, therefore, there was no necessity of impleading him as a party to the suit. The petition was rejected on that ground. Against the said order, the present revision petition has been filed.