( 1 ) THIS appeal is directed against the judgment and order dated 5/07/1993 passed by the Court of the first instance dismissing the application of the appellant, Terai Tea Company (P) Ltd. , for being added as a party defendant.

( 2 ) SHORTLY stated, the facts are that the Extra Ordinary Suit No. 1 of 1985 was instituted by Dhirendra Nath Bhowmick, since deceased, and Smt. Reba Bhowmick the respondent No. 3 herein challenging, inter alia, certain dealings and transactions allegedly entered into between them and some of the respondents herein, in respect of, inter alia, Dharanipur Tea Estate situate in the District of Jalpaiguri and for restoration of possession of the said tea estate. The suit was instituted in the Court of the Assistant District Judge, Jalpaiguri and was marked Title Suit No. 78 of 1984.

( 3 ) THE above suit was subsequently transferred to this Court from the Court of the Assistant District Judge, Jalpaiguri under Cl. 13 of the Letters Patent and was marked Extra Ordinary Suit No. 1 of 1985, (hereinafter referred to as the "transferred Suit" ).

( 4 ) IN or about March 1990, the appellant instituted a suit being No. 240 of 1990 (hereinafte