SUSHMITA BOSE Vs. DR. SAMIRAN MALLIK

JUDGEMENT

(1.) Instant civil miscellaneous petition has been filed under Article 227 of the Constitution of India for quashing the order dtd. 28/9/2022 passed in Original (Partition) Suit No.214 of 2019 by learned Civil Judge (Senior Division)-V, Dhanbad whereby and whereunder a petition seeking permission to withdraw the suit by the plaintiff has been allowed and consequently, the suit has been dismissed as withdrawn. The petitioner was impleaded in the said suit as defendant and in the instant writ petition seeks transposition under Order XXIII Rule 1A of the CPC in the said partition suit.

(2.) It is argued by the learned counsel on behalf of the petitioner that the suit was withdrawn even without service of notice or summons on her.

(3.) Main grievance of the petitioner is that the withdrawal was allowed without hearing the petitioner/defendant and in the said backdrop, a direction has been sought to the trial Court to transpose the petitioner as a plaintiff to permit the suit to be prosecuted on her behalf.