Mira Korati And ORS v. Manas Ghosh

Item No. 2 19.11.2025 Court. No. 6 GB C.O. 3850 of 2025 Smt. Mira Korati & Ors.

Vs.

Sri Manas Ghosh Mr. Pratip Mukherjee, Mr. P.K. Banerjee, Mr. I. Nandi, Mr. Purnankar Biswas ... for the Petitioners.

1. The petitioners are aggrieved by an order dated September 9, 2025, passed by the learned Civil Judge (Junior Division), Amta, Howrah.

2. The petitioners sought to add the Block Land and Land Reforms Officer (BL&LRO), Amta-I as a proforma defendant in the suit. The said application was filed at the stage when the evidence of D.W.1 was closed and the suit was fixed for argument. According to the court, the plaintiff was trying to drag the suit and wasting the precious time of the court.

3. However, this Court is of the view that if the plaintiffs are successful in the suit, natural consequences will follow from the reliefs granted. Only because a declaratory suit with regard to right, title and interest of the plaintiffs have been filed and the plaintiffs expect that they will be successful, the BL&LRO need not be added as a proforma defendant in the suit, for carrying out the consequential reliefs that the petitioners expect will be granted in the suit.

4. The entire ground to implead the BL&LRO, is an eventuality and a future possibility of success in the suit. The BL&LRO is neither a necessary nor a proper party.

5. The plaintiffs expect that the suit will be decreed and the record of rights will have to be corrected. The entire reason to add the BL&LRO is futuristic and speculative.

6. Under such circumstances, the revisional application is dismissed.

7. There shall be no order as to costs.

8. Parties are to act on the server copy of this order. (Shampa Sarkar, J.)