Sk. Abul Hayad & ORS. v. Sk. Absar Ali & ORS.

18.12.2023 19.

Asr CO 617 of 2014 Sk. Abul Hayad & Ors.

Versus

Sk. Absar Ali & Ors.

Both parties are not represented.

It appears that the instant revisional application is preferred challenging the impugned orders dated 2nd August, 2013 passed by the learned Trial Court. By passing the impugned order learned Trial Court rejected the application filed by the plaintiffs with a prayer for impleading some persons whose names have been disclosed in the examination-in-chief of DW 1. Thereafter, the suit was suffering from defect of parties the plaintiffs in the suit intended to file fresh suit or partition which was allowed by the learned Trial Court subject to payment of cost of Rs. 21,000/- to be payable by the plaintiffs to the defendant nos. 1,2 and 4 to 9. It appears that at the belated stage the application was filed by the plaintiff for getting permission from the court to file a suit for partition in respect of the case properties. It appears to me there is no illegality or infirmity of the order passed by the Trial Court in allowing the application filed by the plaintiffs with imposition of costs payable to the defendants.

Any way I find no representation today and it appears that the petitioners have lost their interest to proceed with the present application. So, there is no option left but to dismiss the present revisional application. Accordingly, the revisional application being CO/617/2014 is dismissed for default.

Interim order, if any, stands vacated.

There will be no order as to costs.

(Prasenjit Biswas,J.)