SHIVAKANT PRASAD
Sunrit Deb – Appellant
Versus
Sudip Deb – Respondent
JUDGMENT
Shivakant Prasad, J. - The plaintiff filed two Originating Summons Suits viz. CSOS 5 of 2008 and CSOS No. 4 of 2010 against the petitioners arraying them as defendants in which proceedings, defendants have filed two separate applications for striking out their names from the array of defendants after expunging allegations leveled against them.
2. Accordingly, learned counsel for both parties have been heard at length. In the first Originating Summons Suit, the petitioners have been impleaded as defendant No. 1 and 2 and in the second Originating Summons Suit, the petitioners have been impleaded as defendant No. 1 and 4 respectively.
3. Since the parties in GA No. 351 of 2019 in CSOS No. 5 of 2008 and GA being No. 350 of 2019 in CSOS No. 4 of 2010 and the issues involved in the proceedings arise out of the said two Originating Summon Suits are same, both applications can be decided and disposed of by a common judgment.
4. The petitioners have prayed for striking out their names from the array of defendants in the cause title of the said Originating Summons Suit because they have tendered their resignation as trustees duly accepted by the Board of Trustees and new Trustees ha
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