Rani Kamal Kaur And ORS v. S.Mani

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/5/2023 Rani Kamal Kaur and others Vs.

S. Mani Ms. Anjili Nag ... for the petitioner Mr. KMB Jayapal ... for the respondent March 15, 2023 [SR] Item No.2 This application under Article 227 of the Constitution has been filed against order No.162 dated 25.07.2022 in Title Suit No.204 of 2011.

The grievance of the petitioner before this Court is that an application for addition of party has been allowed and according to the petitioner, such addition is not at all required. However, after perusal of the impugned order passed by the learned Joint Civil Judge (Senior Division), South Andaman, I find that for effectual and complete adjudication of the matter, the application for addition of party has been allowed.

The contention of the defendant is that on the basis of one sale deed dated 19.12.1982, S. Sakarpani, late father of the defendant conveyed the suit land to one Shri K.R.Raja. The original defendant purchased the said land from the said K.R.Raja, who was minor on the alleged date of sale as such the conveyance deed cannot be said to be a valid one and as

such said K.R.Raja is very necessary party in the suit. As such the defendant has prayed for adding K.R.Raja as defendant in the suit.

The defendant to the suit shall add the person as a party respondent in the matter with his full address. After perusal of the record including the impugned judgment and after hearing the petitioner, I do not find any merit in this application under Article 227 and the application is dismissed.

( Abhijit Gangopadhyay, J. )