Shaikh Salaha Firdousi And ORS In Place Of Sk Abdul Hai (Since Deceased) v. Sk. Sultan And ORS.

21.01.2026 Ct. No. 30 S.L. No. 19 SM CO 1513 of 2020 With IA No: CAN 1 of 2021, CAN 7 of 2025 Shaikh Salaha Firdousi & Ors. in place of Sk. Abdul Hai (Since Deceased)

Versus

Sk. Sultan & Ors.

Mr. Sujit Saha .........for the petitioner 1.

The revisional application has been preferred challenging an order No.99 dated 03.12.2019 passed in Title Suit No.119 of corresponding CIS Registration No.T.S. No.212 of 2016 (Sk. Abdul Hai - Versus-Sk. Nawab & Ors.), passed by the Learned Civil Judge (Junior Division), Additional Court, Tamluk, Purba Medinipur.

2.

Vide the impugned order the Trial Court had allowed an application under Order 1 Rule 10(2) of the CPC filed by the plaintiff/opposite party herein. 3.

The learned Trial Court allowed the said prayer on the following findings:- "Considering the above facts this court considers that the petitioner nos.- 1 to 4 i.e. Sk. Sultan, Sk. Alauddin, Sk. Sukur Ali and Smt. Serimon Bibi having interest in the suit property, are considered to be the necessary party of the instant suit. Therefore, the four petitioners named above are required to be added as party in the instant suit for effective adjudication of the real question in controversy otherwise multiplicity of proceedings may arise."

4.

This Court finds that the impugned order, is an order in accordance with law and on having been allowed, has caused no prejudice to the opposite party herein.

5.

It is the plaintiff's suit and it is for the plaintiff to decide who shall be made a party in his suit. But the defendant/opposite party in his own method has delayed the suit substantially.

6.

The defendant/petitioner's challenge to the impugned order having no merit, considering that the impugned order is in accordance with law, the same does not call for any interference.

7.

Civil Revision is dismissed.

8.

Applications, if any, connected thereto stand disposed of consequently.

9.

Interim order, if any, stands vacated.

10.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]