JUDGMENT :

SHAMPA SARKAR, J.

1. The revisional application arises out of an order dated May 19, 2022 passed by the learned Civil Judge (Junior Division) 2nd Court, Sealdah in Title Suit No. 221 of 2013. By the order impugned, the learned Court rejected an application for addition of the Kolkata Municipal Corporation (hereinafter referred to as the Corporation) as a party to the suit. The petitioner’s application under Order 1 Rule 10(2) of the Code of Civil Procedure, was rejected.

2. The learned Court was of the view that as the gift deed filed by the defendant did not reflect that the property involved in the suit and the property which the defendant were claiming by virtue of the said deed, were the same, the application for addition of the Corporation should not be allowed. The Court held that it was for the plaintiffs to prove the allegations of unauthorized construction against the defendant, on the western side of the boundary wall of the suit property. The allegation of encroachment of the area owned and occupied by the plaintiffs was also to be proved by the plaintiffs. Thus, the addition of the Corporation was not required when the onus was on the plaintiffs to prove their c