Calcutta High Court (Appellete Side)
Madhusudan Das vs Gopal Chandra Thakur on 5 September, 2017
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Serial No.17.
September 5, 2017.
SG CO 2933 of 2017 Madhusudan Das
-versus-
Gopal Chandra Thakur Mr Kaushik Dey ... for the petitioner.
The petitioner cannot even be regarded as a person aggrieved by the order impugned since the petitioner did not make the relevant application nor has it been rejected at the behest of the petitioner.
The petitioner claims that the petitioner's landlord applied to be impleaded in the suit but was thwarted by the plaintiff objecting thereto. The suit is for eviction and the petitioner claims that the plaintiff is not the petitioner's landlord.
As to whether the opposite party is entitled to the decree that has been prayed for will be assessed in course of the trial. Merely because a third party sought to be impleaded in the suit and the presence of such person may have supported the petitioner's case, would not make the petitioner a person aggrieved by the order rejecting the application of the stranger to be impleaded in the suit.
CO 2933 of 2017 is dismissed, but without any order as to costs.
2( Sanjib Banerjee, J. )