MUHIBUR RAHMAN LASKAR Vs. ARJAN ALI AND ORS.

JUDGEMENT

(1.) (Oral) - This plaintiff's revision is directed against the order dated 2.12.80 and 30.9.80 passed by the learned Asstt. District Judge, Karimganj.

(2.) The plaintiff-petitioner filed Title Suit No. 37 of 1972/244 of 1966 in the Court of Munsiff, Karimganj for declaration of jote right over the land in suit of confirmation of possession and permanent injunction against the defendants the present opposite parties. The suit was dismissed by the trial court by judgment date 2.12.78 The plaintiff preferred Title Appeal No. 176 of 1979. During the pendency of the appeal Mustt. Achina Bibi, respondent No. 2 died. It was stated that the petitioner-plaintiff learnt about the death of the respondent No.2 on 24.10.79 from the application of the respondent and filed application on 30.10.79 for substitution of the legal representatives of deceased respondent No.2 stating that the respondent No.3,4 and 5 who were the legal representatives of the deceased were already on record. The opposite parties on 21.11.79 stated that the deceased respondent died on 14.7.79 and, as such, the appeal had abated. It was further stated that the deceased respondent had left one more representative Halsu Bibi, a daughter. The learned Asstt. District Judge by order dated 30.9.80 allowed the substitution of respondents No. 3, 4 and 5 who were already on record but rejected the petitioner's prayer for including the name of Hilsu Bibi in the array of respondents. The petitioner filed another application with the same prayer but that too was rejected by order dated 2.12.80. Hence this revision.

(3.) I have heard Shri S.R. Bhattacharjee, learned counsel for the petitioner and also Shri B.L. Singh, learned counsel for the opposite parties.