P. C. MALLICK, J.

( 1 ) A very interesting point of law has been canvassed in this case. The point is whether the Court has the power to add a party against whom the suit was dismissed by a previous order under Order IX Rule 5 of the Code of Civil Procedure. The point is not covered by any authority and is a point of first impression. Able arguments have been advanced from the Bar and I am grateful to the learned counsel who participated in the debate.

( 2 ) THE facts leading to this application may now be stated. This is a suit for partition of a Mitakshara coparcenary. All the members have been impleaded as parties. The suit was Instituted on February 9, 1955, and though a decade is past, the suit has not made progress. One Chotelal, who was a minor at the date of the institution of the suit, on attainment of majority made an application on September 8, 1959, inter alia, for an order that the suit be dismissed under Order IX Rule 5 of the Code of Civil Procedure. On November 25, 1959 A. N. Ray, J. made an order on the said application dismissing the suit. In his judgment, Ray, J. , recorded a finding that having regard to the fact that the plaintiff had remarried she had forfei

Click Here to Read the rest of this document