PRASENJIT MANDAL, J. - (1.) THESE two applications are disposed of by this common judgment and order as the common question of fact and law is involved therein. For convenience, the is taken up for hearing.
(2.) THIS application is at the instance of the plaintiff and is directed against the Order No.120 dated March 29, 2012 passed by the learned Civil Judge (Junior Division), 2nd Court, Tamluk in Title Suit No.30 of 2006 thereby allowing an application under Order 1 Rule 10(2) of the C.P.C. for impleadment of a third party as defendant. The plaintiff/petitioner herein instituted the aforesaid suit for declaration of title, permanent injunction and other reliefs against the defendants/opposite party nos.1 to 5 before the learned Title Judge and in that suit, a third party filed an application under Order 1 Rule 10(2) of the C.P.C. for impleadment as defendant in the said suit. That application was allowed on contests. Being aggrieved, this application has been preferred by the plaintiff.
(3.) UPON hearing the learned Counsel for the parties and on going through the materials on record, I find that, by the application under Order 1 Rule 10(2) of the C.P.C. as appearing as Annexure P/6 at page no.59, Purbakola Gram Kalyan Samity has filed the said application under Order 1 Rule 10(2) of the C.P.C. contending, inter alia, that this Committee is in possession of the suit property and that the local villagers use that property for the occasion of Holi (Dol Utsab) and the local festivals are held at that place. Latrines, etc. had been constructed on the suit land and so, the said applicant should be added as party. Mr. Debayan Bera, learned Advocate for the petitioner has contended that the so called Samity is not a registered body and no document has been filed on behalf of the Samity that it possesses the said property. He has also contended that the plaintiff became the owner of the suit property by way of purchase from the intermediary who had retained the said land under the provisions of Section 6(1) of the West Bengal Estates Acquisition Act, 1953. From the materials on record, I find substance in the submission of Mr. Bera.;