Prasenjit Mandal, J. - (1.) This application is at the instance of the respondent and is directed against the order dated May 25, 2010 passed by the learned Additional District Judge, Fifth Court, Alipore in Misc. Appeal No.144 of 2004 arising out of the order dated March 16, 2004 passed by the learned Civil Judge (Senior Division), Third Court at Alipore in Title Suit No.211 of 1975 on an application under Order 22 Rule 10 read with Section 151 of the C.P.C.
(2.) The said suit is for partition of immovable property as described in the schedule of the plaint. The petitioner filed an application for substitution of his name as plaintiff in place of the partnership firm. That application was allowed by the learned Trial Judge. The short question involved in this application is whether the learned Additional District Judge, Fifth Court, Alipore was justified in setting aside the order dated March 16, 2004 passed by the learned Civil Judge (Senior Division), Alipore in allowing an application under Order 22 Rule 10 of the C.P.C. on dissolution of a partnership firm.
(3.) The petitioner filed an application for addition of parties under Order 22 Rule 10 of the C.P.C. stating, inter alia, that after dissolution of the partnership firm he got the property in suit by a compromise decree and so he is praying for addition of parties in the said title suit. That application was allowed by the learned Civil Judge (Senior Division), Alipore. Being aggrieved, a misc. appeal was preferred against the said order and the learned Additional District Judge, Fifth Court, Alipore has set aside the order dated March 16, 2004 passed by the learned Civil Judge (Senior Division). Being aggrieved, this application has been preferred.;