LAKSHAN CHUNDER DEY Vs. SMNIKUNJAMONI DASSI

JUDGEMENT

(1.) This is an appeal from an order of dismissal made by Mr. Justice Greaves on an application under Order 22, Rule 10, C.P.C.

(2.) The Plaintiffs sued the Defendants for a declaration of their fight to a room which had been built over the porch of another house. The right title and interest of the Plaintiffs were sold on the 22 November, 1919. On the 4 December 1919 terms of settlement between the Plaintiffs and the Defendants were intimated to the Court and the following order was thereupon made : "Mr. Mitter states that this has been settled. He puts in terms of settlement. Let decree be made in terms of settlement signed and put in by Counsel. The sale in favour of the Appellant was duly confirmed, and the sale certificate was granted to him on the 14 June 1920. On the 1 December 1922, he made the present application for leave to be added as a party Plaintiff. Mr. Justice Greaves dismissed the application on the 4 January 1923.

(3.) Two reasons have been assigned in support of the order, namely, first, that at the time the application was made there was no suit pending and, secondly, that there was such delay on the part of the Petitioner as would justify a dismissal of the application under Order 22, Rule 10, C.P.C.