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1992 Supreme(Cal) 278

S.K.Mukherjee, S.K.Hazra
Narendra Nath Delui – Appellant
Versus
Vivekananda Pari – Respondent


Advocates Appeared:
Gautam Wilson, Rabindra Nath Mitra, S.P. Roychowdhury, Sardar Amjad Ali, Sibasis Ghose, Sudhis Das Gupta

Judgment

1. THIS revisional application is directed against Order No. 155, dated 20th of May, 1992, passed by the learned assistant District Judge, 10th Court, Alipore in Title Suit No. 25 of 1983, whereby the learned Assistant District Judge allowed an application under order 1 rule 10 (2) of the Code of Civil Procedure, preferred on behalf of one alerani Dey and directed addition of her as a party to the suit, wherein the opposite parties nos. 1 to 3 are plaintiffs and the petitioners are defendants. The suit is one for partition and the claim of the plaintiff is based on derivation of title from the purchaser of 1 /8 (one eight) share of the suit property from alorani, who again claimed to be the grand daughter of the admitted original owner. 1/8 (one eighth) share is claimed to have devolved on Alerani as share of her mother as original owner by leaving eight legal heirs and successors. In the written statement, the defendant, who are petitioners before is, disputed the existence of Alorani and dented the fact that the original owner had any daughter by the name of Mangalamoyee, whom Alorani claimed as her mother. The learned trial Judge, as stated above, allowed the application



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