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2012 Supreme(Cal) 527

PRASENJIT MANDAL
Molu Ali Saha @ Maishu Ali Saha – Appellant
Versus
Bimal Kumar Dinda – Respondent


Advocate Appeared:
For the Petitioner:P.B. Sahu, Amit Baran Dash, Advocates.
For the Respondents:K.K. Bera, Krishnendu Bera, Advocates.

Judgment :-

Prasenjit Mandal, J.:

1. Challenge is to the Order No.212 dated July 6, 2007 passed by the learned Civil Judge (Junior Division), 1st Additional Court, Contai in Misc. Case No.27 of 2007 thereby rejecting an application for amendment of the application under Section 8 of the W.B.L.R. Act and also rejecting another application under Order 1 Rule 10 of the C.P.C.

2. The petitioner herein is the pre-emptor of the application under Section 8 of the W.B.L.R. Act. He filed the application for pre-emption being Misc. Case No.27 of 2007 against the preemptees.

3. The pre-emptees are contesting the said misc. case and the misc. case was at the stage of peremptory hearing when the application for amendment of the misc. case and another application for addition of parties were filed. Those prayers were rejected by the impugned order. Being aggrieved by such orders, the pre-emptor has preferred this application. Now, the question is whether the learned Trial Judge is justified in rejecting the prayers of the pre-emptor.

4. Having considered the submissions of the learned Advocates of both the sides and on perusal of the materials on record, I find that the pre-emptor has sought for













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