AJIT DUTTA Vs. KALPANA PAL

JUDGEMENT

(1.) THIS application is at the instance of the defendants and is directed against the order dated September 17, 2010 passed by the learned Civil Judge (Junior Division), 4 th Court, Howrah in Title Suit No.84 of 2009 thereby rejecting an application under Order 22 Rule 3 of the Code of Civil Procedure (henceforth shall be called 'C.P.C.') filed by the plaintiffs with costs.

(2.) THE short case is that the plaintiffs / opposite parties herein instituted a suit being Title Suit No.84 of 2009 praying for a decree of declaration, permanent injunction and other reliefs. THE defendants are contesting the said suit. On August 11, 2009, the plaintiffs filed an application under Order 22 Rule 3 of the C.P.C. contending, inter alia, that the plaintiff no.4, Shyamsunder Pal died intestate as bachelor on June 30, 2009 and his heirs are already on record as other plaintiffs. So, the other plaintiffs prayed for expunge of the name of the plaintiff No.4. THE defendants / petitioners herein filed a written objection contending, inter alia, that the sisters of the deceased plaintiff no.4 are the actual heirs and they are to be substituted for the deceased plaintiff no.4 and as such, the said application is not maintainable.

(3.) THE plaintiffs have prayed for the following reliefs in the said suit:-