Calcutta High Court (Appellete Side)
Sri Joydeb Khan vs Asit Khan on 16 June, 2010
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1 10 C.O 420 of 2010 Sri Joydeb Khan vs. Asit Khan Mr. H. Bhattacharrya ..For the petitioner.
Mr. S.S. Kolay
Mr. Kousik Bhatta ..For the opposite party.
Let affidavit of service filed in Court be kept with the record. This revisional application is directed against the order no. 59 dated November 18, 2009 passed by the learned Civil Judge (Junior Division), 1st Court, Serampore in T.S. No. 150 of 2005.
By virtue of the impugned order, the learned court below rejected the application of the petitioner/plaintiff filed under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure. The above application of the petitioner was rejected by the learned court below on the ground that by virtue of a previous order bearing no. 55 dated May 20, 2009 the prayer for addition of party had been rejected.
Having heard the learned counsels appearing for the respective parties and after considering the facts and circumstances of this case as also the submissions made on behalf of the respective parties, I find that admittedly the previous application of the petitioner for addition of party was rejected on technical ground that there was no existence of defendant no. 2. Therefore, the learned court below was under obligation to dispose of the second application on merit. As a result, I find that the impugned order was passed on perverse finding.
In view of the above, the impugned order is quashed and set aside. The learned court below is directed to dispose of the application of the petitioner/plaintiff under reference on merits expeditiously.
The writ petition is thus disposed of.
Urgent certified photostat copy of this order be given to the petitioner, if applied for.
(Debasish Kar Gupta, J.) 2