ASIM KUMAR MONDAL,J. - (1.) THIS is an application under Article 227 of the Constitution of India challenging the order dated 20th March, 2012 passed by the learned Civil Judge (Senior Division), 2nd Court at Howrah in Title Suit No. 86 of 2006.
(2.) THE petitioner being defendant No. 1 in Title Suit No. 86 of 2006 has preferred the present revisional application challenging the order as aforesaid passed in favour of the opposite parties/ plaintiffs under Order 22 Rule 2 of the Civil Procedure Code. The opposite parties filed the suit for declaration, injunction and recovery of khas possession against the petitioners and the proforma opposite parties. The petitioner after entering appearance in the said suit is contesting the same by filing a written statement denying the material allegations contained therein.
(3.) THE plaintiffs / opposite parties filed an application under Order 22 Rule 2 read with Section 151 of the Code of Civil Procedure by expunging the name of the deceased plaintiff No. 1 namely Marium Bibi from the cause title of the instant suit. It was contended the said application that plaintiff No. 1 Mst. Marium Bibi died unmarried and intestate on 18th February, 2011 at Uttar Pradesh. It was further contended in the said application that at the time of her death the deceased had left behind the legal heirs of her deceased sister namely Ayesha Khatoon as her legal heirs. It is further stated that the legal heirs of the deceased Mst. Marium Bibi are already on record as plaintiff Nos. 2 to 6.;