citations: AIR1994HP56
JUDGMENT
Kamlesh Sharma, J.
1. Admittedly, the appellant/plaintiff and pro forma respondents/ defendants are owners in possession of the land comprised ... This path was used by the plaintiffs father and now by the plaintiff and pro forma defendants for coming and going from and to their
pro forma defendant (pro forma defendant No. 7). This suit will be called hereinafter as the title suit and whenever the words plaintiffs or defendants ... filed by Mr. Monmohan Shaha on behalf of plaintiff No. 1 plaintiff No. 2 and pro forma defendant No. 7. It has been found that
plaintiff. There are cases where plaintiff filed a suit who has interest in common to the person whom he makes pro forma defendant, in collusion ... attempts to withdraw the suit on the rights of all other pro forma plaintiffs or pro forma defendants or defendants who have a cause
issue raised as between them and the plaintiff. The plaintiff treated them as pro forma defendants. They were not bound to put forward any defence ... Thapar no issue can possibly arise between the plaintiff and 'pro forma' defendants because the very expression means that they are formal
reliefs as follows :
"(A) The exclusive title of the plaintiff and pro forma defendant Nos. 6 to 11 in respect of the suit land ... eastern border of the suit plot be delivered to the plaintiff and pro forma defendants 6 to 11 by evicting defendant
Civil Court, Calcutta. The plaintiff instituted the suit on the following allegations. The plaintiff obtained a settlement from the pro forma defendant Kashinath Auddy ... plaintiff and the pro forma defendant to establish that the pro forma defendant had the right to grant the settlement. Unfortunately the trial Court
advanced not by the plaintiff, but by the pro forma defendant and the pro forma defendant was not a registered firm under the Money-Lenders ... pro forma defendant by assignment, and he cannot have a higher right than that of the pro forma defendant. It is true that the plaintiff
that the pro forma defendant, Baidyanath Dutt, was the sole landlord of the rent claimed lands.
5. The pro forma defendant, Baidyanath Dutt, respondent ... plaintiffs, and also in favour of the pro forma defendant.
The pro forma defendant, Baidyanath Dutt, appeared in both the suits, and filed his written
plaintiff. There are cases where plaintiff filed a suit who has interest in common to the person whom he makes pro forma defendant. In collusion ... attempts to withdraw the suit on the rights of all other pro forma plaintiffs or pro forma defendants or defendants who have a cause
their co-sharer plaintiff No. 4. That plaintiff No. 4 Ayesha Khatun has been transferred to the category of pro forma defendant. Purchaser ... decree was passed in favour of the plaintiffs and the plaintiffs along with pro forma defendants Nos. 2 to 12 being the joint owners
