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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 2565 of 2001

PETITIONER:

Ruma Chakraborty

RESPONDENT:

Sudha Rani Banerjee & Anr.

DATE OF JUDGMENT: 04/10/2005

BENCH:

Dr. AR. Lakshmanan & Altamas Kabir

JUDGMENT:

J U D G M E N T

Dr. AR. Lakshmanan, J.

The appellant, who is an unsuccessful intervenor in both the courts below, is the

divorced wife of the recorded sole tenant (second respondent herein) who is also the

sole defendant in the suit filed by the first respondent herein \026 Sudha Rani Banerjee.

The instant appeal is against the judgment and order dated 26.09.2000 passed

by the High Court of Calcutta in C.O. No. 582 of 2000 rejecting the appellant’s

application for being added as a party defendant under Order 1 Rule 10 (2) of the

C.P.C. The High Court concurred with the judgment and order dated 02.02.2000

passed by the IIIrd Civil Judge, Alipore. The High Court rejected the plea of the

appellant that she is directly interested in the tenanted suit premises by way of her

entitlement towards maintenance which includes residence as per t