Bhabesh Das v. Bibekananda Das And ORS

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 13.06.2023 Item No.-73 Court No. 01 sg FMAT 8 of 2023 CAN 1 of 2023 CAN 2 of 2023 Bhabesh Das

Versus

Bibekananda Das & Ors.

Mr. Subhasish Misra For the appellant The appeal is arising out of an order dated 1st July, 2022 by which the learned Trial Judge vacated the earlier order of injunction in a suit for partition on the ground that, in spite of revelation of the existence of co-sharers who have not been impleaded in the partition suit, no attempt was made by the petitioner to bring on record the remaining co-sharers and without hearing them, the order of injunction cannot be continued, is a correct view with which we are not inclined to interfere with. However, upon impleading all the co-sharers, the petitioner may be allowed to move a fresh application for injunction upon notice to all the co-sharers.

In view of the above observations, the appeal and the connected applications are disposed of.

(Raja Basu Chowdhury, J.) (Soumen Sen, J.)