BABAR ALI PRAMANIK Vs. MOSAR ALI PRAMANIK

JUDGEMENT

(1.) This appeal by leave is from an order, Civil Order No. 7174 of 199 1, dated November, 1991 passed by a Division Bench of the High Court Division, Dhaka summarily rejecting the appellants' application under section 115 of the Code of Civil Procedure filed against the order dated 9.10.90 passed by the Subordinate Judge, Natore refusing to add the appellants as defendants in OC Suit No. 19 of 1987.

(2.) Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) and other officers, respondent Nos. 2-5, for declaration of his fide to the suit land alleging inter alia, that he had obtained pattan of the suit land from its original owner, Shree Manindra Maitra, on 24.9.1350 BS at a yearly rent of Tk. 25.00 and was in possession since then by paying rents, etc., that while the plaintiff was in peaceful possession of the "Kha" schedule land he was served with notice dated 20.5.78 from the office of the Sub-Divisional Officer, Natore to show cause why the suit land should not be declared as vested and non-resident property in DP case No. 33 of 1978, that the plaintiff filed OC Suit No. 630 of 1979 challenging the said proceeding in the court of the Assistant Judge, Natore, proceeded with the said suit till 2.2.1983, then withdrew the same with liberty to sue afresh and thereafter filed the present suit.

(3.) On 15.9.90 the appellants filed an application under Order 1 rule 10 CPC for adding them as defendants in the said suit stating, inter alia, that the landlords of the suit land, Bhuban Mohan Maitra and others, having left for India in 1965 the suit land vested in the Government, that the appellants and local people had been possessing the suit land comprising mostly of tank, Abadi Bhita, Idgah, etc, for more that 12 years, that they had taken lease of the suit land from the Government after the aforesaid vesting in VP Case No. 33 of 1978 and are in possession and that as such they arc necessary parties.