- (1.) This application is at the instance of the plaintiff / appellant and is directed against the order dated January 24, 2008 passed by the learned Additional District Jude, 5 th Court, Howrah in Title Appeal No.105 of 2005 thereby rejecting an application under Order 22 Rule 4 of the C.P.C.
(2.) The plaintiff/appellant/petitioner herein instituted a suit being Title Suit No.319 of 1980 against the opposite party and another (defendant no.1) before the learned Civil Judge (Junior Division), 2 nd Court Howrah praying for a decree for recovery of 2 possession of the premises in suit, mesne profits and other reliefs. In that suit, the defendant no.1 entered an appearance, but he did not contest the said suit. The defendant no.2 / opposite party herein is contesting all along. The suit was dismissed on contest. Thereafter, the plaintiff preferred an appeal being Title Appeal No.105 of 2005. In that appeal, the appellant filed an application under Order 22 Rule 4(4) of the C.P.C. praying for exemption from substituting the existing President in place of deceased President of the respondent club. That application was rejected on contest. Being aggrieved, this application has been preferred.
(3.) Now, the question is whether the impugned order should be sustained.;