Madan Mohan Das v. Kalyani Das And ORS.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE

18. 07. 2024 BP SL. 39 Court No. 22 C.O. 1975 of 2022 Madan Mohan Das Vs.

Kalyani Das & Ors.

Mr. Gazi Faruque Hossain Ms. Varsha Roy ..for the petitioner Mr. Uday Shankar Chattopadhyay Ms. Rajarshi Tah Ms. Trisha Rakshit Ms. Aishwarya Datta Ms. Bidisha Chakraborty ..for the opposite parties

1. This revisional application has been filed assailing the order dated 22nd March, 2022 in connection with Title Suit No. 125 of 2021 wherein the learned Civil Judge (Senior Division), 2nd Additional Court at Burdwan, refused to entertain the application under Order I Rule 10 of the Code of Civil Procedure.

2. Heard both the learned counsel appearing on behalf of the parties to this revisional application.

3. On careful perusal of the order assailed I find that the learned Judge opined that the name of the proposed added parties were not necessary to the partition suit pending between the private

parties.

4. Learned counsel appearing on behalf of the petitioner has submitted that the reason of adding the Government Officials has not been mentioned in the petition under Order I Rule 10 of the Code of Civil Procedure.

5. On scrutiny of the application under Order I Rule 10 of the Code of Civil Procedure, it is found that the same was filed with a prayer for adding those Government Officials without assigning any reasons whatsoever and considering the nature of the suit learned Judge recorded his opinion that those Government Officials were not necessary parties to a partition suit pending between the private parties.

6. In the aforesaid view of the matter, I find hardly any scope to interfere with the order assailed in this revisional application.

7. The revisional application being C.O. 1975 of 2022 stands dismissed.

8. Both the parties shall act on the server copy of this order duly downloaded from the official web site of this Court.

(Bibhas Ranjan De, J. )