SUBRATA TALUKDAR, J. - (1.) IN the civil revisional applications Order no.42 dated 23rd March, 1999 passed by the ld. 1st Civil Court (Junior Division) at Krishnanagar is under challenge. By the said impugned order the 1st Civil Court (Junior Division) was pleased to record as follows: - a) That a petition dated 2nd May, 1998 has been filed by the proforma opposite parties no.2 and 3 in preemption Misc. Case no.22 of 1995 for being transposed from the category of proforma opposite parties to that of the petitioners. The prayer made by the said proforma opposite parties to be transposed as petitioners in the said Misc. Case alongwith the existing petitioner for jointly proceeding with the preemption case has been recorded by the 1st Civil Court (Junior Division). b) It has been recorded that the existing opposite parties in the preemption Misc. Case raised objection by filing a written objection to the effect that the case for preemption was not filed by the proforma opposite parties and hence they have no right to proceed in a cause of action which was originally confined only to the petitioner. It has been further argued by the Ops that a similar petition was rejected earlier by the 1st Civil Court (Junior Division) vide Order no.35 dated 17th January, 1998. c) The 1st Civil Court (Junior Division) came to the finding that the contention of the ld. Lawyer for the OP of an earlier rejection of such petition is not correct. Although from the materials on record it appears that the proforma OPs went on record expressing their unwillingness to be transposed as petitioners, they have now appeared by filing a fresh Vakalatnama and swearing an affidavit that they are willing to be transposed as petitioners for protecting their interests. d) Accordingly the 1st Civil Court (Junior Division) was pleased to allow the petition dated 2nd May, 1998 and transpose the proforma OPs 2 and 3 in Misc. (Preemption) Case no.22 of 1995 to the category of petitioners.
(2.) CHALLENGING such order Sri Chatterjee, ld. Senior Counsel has placed the 3rd proviso to Section 8 of the West Bengal Land Reforms Act. The said proviso reads as follows: - "[Provided also] that as amongst raiyats possessing lands [adjoining such plot of land] preference shall be given to the raiyat having the longest common boundary with the land transferred." Sri Chatterjee further submits that confusion is likely to arise with regard to the prior right of preemption in respect of each of the petitioners, in other words, who shall then have the prior right of preemption.
(3.) HE takes this Court to the prayer made by the proforma OPs 2 & 3 in their application for transposition filed before the 1st Civil Court (Junior Division). The said application appears at pg.12 of CO 1054 of 1999. The said application is brief and reproduced herein below: - "That the case being a case U/S 8 of the W.B.L.R. Act for Pre - emption, to avoid unnecessary future trouble and as abundant caution, the petitioner need the Pro O.P. 2 and 3 to transpose as the petitioners in support of which and as consent to this, the Pro -O.Ps .2 and 3 also file separate petition to get themselves transposed to the category of the petitioner from that of Pro -O.Ps. The interest of the Petitioner and Pro -O.Ps.2 and 3 are same and identical. Hence it is prayed that the Pro -O.Ps. 2 and 3 be kindly transposed from the category of Pro -O.Ps. to that of petitioner as Petitioner No.D and E, otherwise petitioner shall suffer." ;