Shubhro Kamal Mukherjee, J. - (1.) This is a revisional application under Sec. 115 of the Code of Civil Procedure against an order dated January 13, 1993 passed by the learned Judge, Eighth Bench, City Civil Court at Calcutta in Ejectment Suit No. 759 of 1984 rejecting an application for addition of party filed by the petitioner in this revisional application. Ejectment Suit No. 759 of 1984 has been instituted by Shrimati Satyabala Paul against her tenant Shriraati Smritikana Dhar, the opposite party no. 2. During the pendency of the said suit, Satyabala died on May 27, 1991. The opposite party no. 1 in this revisional application filed an application for his substitution/addition in the said suit instead and in place of the original plaintiff on the strength of a registered deed of settlement executed by the said Satyabala whereunder the opposite party no. I is the beneficiary.
(2.) The present petitioner Chandi Charan Paul in his application for addition of party contended that he is the only son of the said Satyabala and being the natural heir is entitled to inherent the property -in -suit on the death of Satyabala. It is alleged the deed of settlement dated February 11, 1991 standing in favour of the opposite party no. 1 is void. The petitioner has already instituted a suit being Title Suit No. 1136 of 1992 against the opposite party no. 1 challenging the deed of settlement. In the said suit the learned Judge, Tenth Bench, City Civil Court at Calcutta by order dated June 8, 1992 has passed an interim order restraining the opposite party no. 1 from interfering with the possession of the petitioner in the suit property otherwise than under due course of law.
(3.) The petitioner applied for his addition in the ejectment suit on the ground that the petitioner is an interested person in the ejectment suit and as such is required to be added as defendant no. 2 in the said suit.;