Calcutta High Court (Appellete Side)
Sri Harish Mehta @ Harish Chandra Mehta vs Sri Subhas Mehta & Ors on 25 November, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 28 25.11.2014
gd C.O. 3255 of 2014 Sri Harish Mehta @ Harish Chandra Mehta Vs. Sri Subhas Mehta & Ors.
Mr. Arup Krishna Das ..for the Petitioner Mr. Probal Kumar Mukherjee Mr. Priyanko Banerjee ..for the Opposite Parties This is a peculiar matter which brings out the worst in both the Bench and the bar in the district judiciary. An application filed by strangers for being impleaded as co-plaintiffs, no less, has been allowed without the slightest idea of the principles applicable. Indeed, the status of the two applicants is not clear from the cause-title in the application under Order I Rule 10 of the Code. The second paragraph of the application by which the applicants seek to assert their title reads as follows:
"That the plaintiff executed and registered a deed of trust in favour of the petitioner no.1 vide registered instrument ..."
It is inconceivable as to how such allegation or anything that was meant thereby could be comprehended for the application to be allowed on such basis.
Whatever may have been the claims of the applicants in the application under Order I Rule 10 of the Code, it ought to have been evident that any decree passed in the suit instituted by one brother against another in respect of an immovable property could not affect persons who are not parties to the suit.
The order impugned does not indicate the nature of the suit, the necessity of strangers being taken on board despite the defendant objecting thereto and despite the plaintiffs not specifically conceding to the addition of strangers as co- plaintiffs.
The order impugned, betrays the abysmal 2 quality of the system and cannot be justified either on the basis of the lines scribbled in support thereof or by any more intellectual strain of judicial reasoning.
Order No.20 dated July 11, 2014 passed in Title Suit No.82 of 2013 is set aside and the application filed by the opposite party nos.2 and 3 is dismissed.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Sanjib Banerjee, J.) 3