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2023 Supreme(Cal) 1130

AJOY KUMAR MUKHERJEE
Jogesh Gupta – Appellant
Versus
Shree Shree Iswar Satyanaraynji – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Srijib Chakraborty, Subhasis Chakraborty, Deeptangsu Kar, Sushmita Kumari Singh.
For the Respondents: Haradhan Banerjee, Partha Pratim Mukherjee, Sakya Sen, Animesh Paul.

JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved and dissatisfied with the order dated February, 24, 2021 passed in Title Suit No. 152 of 2000 by the learned Civil Judge (Senior Division) 2nd court at Howrah, present application under Article 227 of the constitution of India has been preferred. By the impugned order learned court below has been pleased to reject the petitioners application under order 1 rule 10(2) of the Code of Civil Procedure.

2. Petitioner’s case in brief is that the plaintiff/opposite party no. 1 to 8 herein filed aforesaid suit against the defendants /opposite party no. 9 to 13 herein for recovery of khas possession of the suit premises, mean profit and for other reliefs. Defendants/opposite party no. 9 to 13 herein appeared in the said suit and filed written statement coupled with counter claim. In the said suit the petitioner herein filed an application under order 1 rule 10(2) of the code on July, 14th, 2003 praying for addition of the petitioner in the category of defendants in the said suit. Plaintiffs/opposite party no. 1 to 8 filed written objection against the said application. Learned Court below by the impugned order has been pleased to reject the

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