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1984 Supreme(Cal) 93

A.K.SEN, PRABIR KUMAR MAJUMDAR
BENIMADHAB MAHROTRA – Appellant
Versus
HOWRAH FLOUR MILLS LTD. – Respondent


ANIL, K. SEN, J.

( 1 ) THESE are two revision petitions preferred by Beni Madhab Mahrotra carrying on business under the name and style of Mahrotra Industries as the sole proprietor thereof at premises Nos. 33, 34, and 34/1, Benbehari Bose Road, Howrah. Orders challenged are both dt. Dec. 13, 1983, passed by the learned Assistant District Judge, 1st. Court, Howrah, in Title Suit No. 75 of 1981 and Title Suit No. 80 of 1981. By the orders impugned, the learned Assistant District Judge has dismissed the two applications under O. 1 R. 10 of the C. P. C. preferred by the petitioner respectively in the two suits for being added as party defendant. The applications are being heard on notice to and on contest by the plaintiff who is the same in both the two suits, namely, Howrah Flour Mill. Since the claim of the petitioner for being added as party defendant in the two suits does not stand on identical grounds it would be necessary for us to deal with the two cases separately.

( 2 ) TITLE Suit No. 75 of 1981 was instituted by the plaintiff Howrah Flour Mill against their tenant Howrah Oil Mill Limited for eviction on different grounds including the ground of default in payment of rent a










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