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1978 Supreme(Cal) 98

SALIL KUMAR DATTA
SURENDRA NATH SARKAR – Appellant
Versus
MANATAB MONIAN – Respondent


Advocates Appeared:
D.P.Sengupta, NAGENDRA MOHAN SHAH, R.K.DUTTA

SALIL KUMAR DATTA, J.

( 1 ) THIS Rule is directed against an order No. 102 dated 3-5-1976 passed by the Munsif, Additional Court, Ranaghat, in Title Suit No. 250 of 1964 By that order, the learned Munsif allowed an application filed by the plaintiffs 1 and 3 under Order 1, Rule 10 (2) of the Civil P. C. adding the heirs and legal representatives of plaintiff No. 2 as parties to the suit. The suit was for the declaration of the plaintiffs' title in the suit properties and for injunction restraining the defendants from interfering with their possession. It appears that in course of proceedings an application for amendment of the plaint was filed by the plaintiffs which was rejected and against that decision, the plaintiffs came up in revision giving rise to Civil Revision Case No. 2633 of 1965. While this Rule was pending, the plaintiff No. 2 and defendant No. 2 died and no application for substitution was made in time in respect of the aforesaid parties. Later an application for substitution after setting aside abatement was made but it appears that the application was dismissed and by an order dated Jan. 22, 1970, this Court held that the Rule having abated so far as defendants-op









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