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2006 Supreme(Gau) 591

I.A.ANSARI
Indian Oil Corporation Ltd. – Appellant
Versus
Amit Roy Choudhury – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: M. Kar Bhowmik and R.K.P. Singh, Advs.
For Respondents/Defendant: S. Dutta, P. Chakraborty and P.R. Barman, Advs.

JUDGMENT

I.A. Ansari, J.

1. By making this application under Article 227 of the Constitution of India, the Petitioner, who, as Plaintiff, instituted Title Suit No. 59 of 2003, in the Court of Civil Judge, Senior Division, Court No. 1, West Tripura, Agartala, has sought to get set aside the order, dated 04.06.2005, passed in the said suit, allowing thereby the Respondent No. 9 herein to be added as Defendant No. 9 in the suit.

2. The material facts and various stages leading to the present writ application may, in brief, be set out as follows:

(i) The Petitioner herein instituted Title Suit No. 59 of 2003 aforementioned, his case being, in brief, thus : Late Akshoy Roy Choudhury, predecessor-in-interest of Defendant Nos. 1 to 7, was the sole and absolute owner of the suit land and he also owned a Petrol Pump standing on the suit land, the petrol pump being run under the name and style of "M/s. A.K. Roy Choudhury". After the death of Akshoy Kumar Roy Choudhury, his four sons, namely, Defendant Nos. 1 to 4, his widow, namely, Defendant No. 5, and daughters, namely, Defendant Nos. 6 and 7, became joint owners of the suit land. By a letter, dated 04.07.1998, Defendant Nos. 1 to 7 expressed































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