- (1.) This application is at the instance of the plaintiff and is directed against the order No. 2 dated February 24, 2010 passed by the learned Civil Judge (Junior Division), First Court, Serampore in Title Suit No. 210 of 2004 thereby allowing an application under Section 151 of the Code of Civil Procedure filed by the defendant No. 4.
(2.) The short fact is that the plaintiff instituted the Title Suit No. 210 of 2004 before the learned Civil Judge (Junior Division), Serampore for declaration of title, permanent injunction restraining the defendants/opposite parties from changing the nature and character of the suit property and other reliefs. In that suit, the defendant Nos. 1 to 3 appeared and they are contesting the said suit by filing a joint statement. The defendant No. 4 did not choose to appear and contest the suit and as such, an order was passed to the effect that the suit shall proceed ex parte against the defendant No. 4. Thereafter, the contesting defendants filed a counter-claim in the said suit for declaration and permanent injunction to which the plaintiff/petitioner filed a written statement.
(3.) The defendant/opposite party No. 4 filed an application under Section 151 of the C.P.C. praying for accepting the written statement filed by the defendant Nos. 1 to 3. His contention is that due to mistake the name of the defendant No. 4 was omitted in the written statement filed by the defendant Nos. 1 to 3. The defendant Nos. 1 to 3 are acting on the basis of power of attorney executed by the defendant No. 4 for promoting multistoried buildings, etc. By the order impugned, the learned Trial Judge has been pleased to allow the application under Section 151 of the C.P.C. on contest. Being aggrieved, this application has been preferred.;