Calcutta High Court (Appellete Side)
Sunil Pradhan & Ors vs Padmabati Pradhan & Ors on 3 May, 2013
Author: Harish Tandon
Bench: Harish Tandon
1 03.5.13 C.O. 1521 of 2013 Sunil Pradhan & Ors
-vs-
Padmabati Pradhan & Ors Mr. Arup Kumar Das Mr. Abdus Salam ... For Petitioners This revisional application is directed against Order No. 48 dated April 08, 2013, passed by the Civil Judge, (Junior Division), 2nd Court, Bolpur, Birbhum, in Title Suit No. 58 of 2011, by which an application for addition of party at the instance of the inhabitants of the ac locality is rejected.
The plaintiffs/opposite parties filed a suit for perpetual injunction restraining the defendants/opposite parties from creating any obstruction and hindrances in peaceful use and occupation of the premises described in Schedule 'Ka' and 'Kha' to the plaint.
The plaintiffs founded their title on the strength of a registered deed of sale dated August 11, 1992 by which they purchased six decimals of land under R.S. Plot No. 508 (Presently Plot No. 534) under the Police Station Nanur, District Birbhum from the admitted owner.
The plaintiffs/opposite parties allege that the defendants/opposite parties have blocked the free ingress and egress by installing a gate on the property in question.
In such a suit, an application is taken out by the petitioners, being the residents of the locality, on the plea that the property, described in schedule to the plaint, is a public property and they are necessary and proper party.
Admittedly, this is not a suit under representative capacity. The residents and/or inhabitants 2 of the locality, are not necessary and proper parties. The trial Court has rightly rejected the application for addition of party as a party cannot be added in a suit simplicitor for declaration of a title into a complex suit.
This Court, therefore, does not find any infirmity and/or illegality in the impugned order.
The revisional application is thus devoid of merit and the same is hereby dismissed.
However, there shall be no order as to costs. Urgent photostat certified copy be supplied to the parties, if applied for, on priority basis.
(Harish Tandon, J.)