INDRAJIT CHATTERJEE, J. - (1.) I have heard the leaned counsel appearing on behalf of the petitioner and also the learned advocate representing the Opposite Party Nos.1 and 2. None, however, appears on behalf of the opposite party no.3.
(2.) THIS legal battle is between the brothers. Sri.Murariu Mohan Kejriwal the opposite party no.1 was made the defendant no.1 before the learned Trial Court but his name was struck off under Order 1 Rule 10 of the Code of Civil Procedure. The order was challenged before this Court in a separate revisional application but the said revisional application was dismissed for default, which is yet to be restored. I am told that the clerical staff has not deleted the name of the opposite party no.1 from the cause list of the plaint as well as of the register. This Court is of the view that when the order of the learned Trial Court was passed but due to some clerical error the name was not deleted this Court deems that this opposite party no.1 is no more a party in that litigation unless by a subsequent order of this Court the matter is revived. In this application under Article 227 of the Constitution of India the petitioner prays that the Officer -in -charge of Ballygunge Police Station be directed to see that the order of status -quo as passed by the learned Trial Court on 14th May, 2014 is implemented under Section 151 of the Code.
(3.) IT may be noted that as per the petition filed by the present petitioner before the learned Trial Court under Section 151 of the Code, the learned Trial Court has been asked to invoke the jurisdiction under Section 151 of the Code to direct the Officer - in -charge of the Ballygunge Police Station to see that the order of the said Court as regard status -quo is implemented. The matter is fixed for hearing on 3rd June, 2014, which was heard on 26th May, 2014 on which date actually the said petition under Section 151 of the Code was filed. This Court is of the considered view that the learned Trial Court did not waste any time and gave a reasonable date directing the other side to file objection petition.;