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1984 Supreme(Cal) 135

G.N.RAY
B. K. DUTTA – Appellant
Versus
NITA MADAN – Respondent


Advocates Appeared:
A.CHATTERJEE, Asok BENARJEE, R.C.DEBNATH, R.N.DOLE, S.K.KUKHERJEE

G. N. RAY, J.

( 1 ) THIS revisional application under Section 115 of the Civil Procedure Code is directed against Order No. 77 dated May 29, 1981 passed by the learned Munsif, 3rd Court, Alipore in Title Suit No. 317 of 1979. By the impugned order, the learned Munsif allowed the application of one Daljit Singh Madan, the husband of Opposite Party No. 1, Sm. Nita Madan to be added as party defendant in the said Title Suit. The said suit was instituted for eviction of Sm. Nita Madan alleging that she was the tenant in respect of premises No. P-216, Block J, New Alipore. It was alleged by the plaintiff landlord that the said defendant Sm. Nita Madan was a habitual defaulter and she had committed acts of negligence. An application under Section 17 (2) of the West Bengal Premises Tenancy Act was filed by the said defendant No. 1 for determination of the arrear of rents. The Opposite Party No. 2, the husband of Sm. Nita Madan, had also made an application for being added as a party under Order 1, Rule 10 of Civil Procedure Code on the allegation that he was the tenant in respect of the aforesaid premises under the plaintiff-petitioner and because of his illness, his wife was entrusted t




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