12.9.2025

432 sb CO 3882 of 2024 Sk. Nabibur Rahaman & Ors.

Vs.

Saidul Mallick & Anr.

Ms. Soumita Dutta …for the Petitioners Mr. Partha Pratim Roy Ms. Subhangi Bhattacharya …for the O.P. no. 1 Being aggrieved and dissatisfied with the order no.

25 dated 7^th May, 2024 passed by the learned Civil Judge (Junior Division), 2nd Court, Chandernagore, Hooghly in Title Suit no. 212 of 2022, the petitioners have preferred this application under Article 227 of the Constitution of India, wherein and whereby the Trial court has rejected the petitioners’ application for adding them as parties in the suit under the provision of Order I Rule 10 of the Code of Civil Procedure.

Learned counsel for the petitioners submits that the Trial court has rejected the petitioners’ prayer without appreciating that the right, title and interest of the petitioners have to be prejudiced, if the suit is heard in the absence of the present petitioners. Court below also failed to appreciate that plaintiff has shown the petitioners land as his own, which is clear from the sketch map annexed with the plaint, where plaintiff is claiming decree of ownership over a strip of land which falls within the plot of land owned by th