Biswanath Somadder, J. - (1.) :- Heard the learned advocate for the parties.
(2.) This is an application under Article 227 of the Constitution of India in respect of an order being Order No.19 dated 10th September, 2009 passed by the learned 5th Bench of the Court of Small Causes, Calcutta, in Ejectment Suit No.EJ 63/07-C.
(3.) The petitioner in the instant application filed an application before the learned court below for being added as party to the pending suit instituted by the opposite party no.1 & 2 against the opposite party no.3. In the said ejectment suit, the opposite party no.1 & 2 herein, as plaintiffs, prayed for a decree against the defendant, being the opposite party no.3 herein, in terms of prayers (a) and (b) which are set out herein below:- "Decree for recovery of khas and vacant possession of one flat being No.2, situated on the 1st Floor of Premises No.539, Rabindra Sarani, Police Station Shyampukur, Koltaka - 700 003 by evicting the defendant therefrom. Decree for mesne profit @ Rs. 100/- peridium calculating from the date of termination of the tenancy till realisation of the khas and vacant possession of the suit premises or such sum as may be assessed by this learned court on enquiry.";