SAROJ KUMAR GUPTA Vs. KHAITAN CONSULTANTS LTD. & ANR.
LAWS(CAL)-1996-5-16
HIGH COURT OF CALCUTTA
Decided on May 02,1996

SAROJ KUMAR GUPTA Appellant
VERSUS
Khaitan Consultants Ltd. And Anr. Respondents


Referred Judgements :-

B K DUTTA VS. NITA MADAN [REFERRED TO]


JUDGEMENT

N.K. Bhattacharya, J. - (1.)The Senior Ld. Advocate for the petitioner Mr. S.P. Roy Chowdhury hands over a copy of the revisional application to Mr. S.K. Sinha, Ld. Advocate for the opposite party No. 2. Mr. Roy Chowdhury submits that in all the matters there is a common point of law involved, such service of copy of the application for revision in all those cases except in re: Saroj Kanti Gupta, which has already been upon Mr. S.K. Sinha may be waived. Mr. Sinha readily agreed to such submission of Mr. Roy Chowdhury and waives his right regarding service of copy of the revisional application In re: Nihar Ranjan Majumdar, Adinath Ganguly and In re: Santosh Ranjan Das. Mr. Chakraborty and Mr. Mitra also agreed to such submission. The supplementary, affidavits in all those cases have already been served upon Mr. Mitra, Mr. Gautaim Chakraborty and Mr. S.K. Sinha appearing for opposite party Nos. 1 and 2. The Ld. Senior Advocate Mr. Gautam Chakraborty, Mr. Aninda Mitra and Mr. S.K. Sinha submit that they will not use any affidavit -in -opposition in all these cases referred to earlier and they will proceed on the basis of the averments and/or allegations made in the revisional application and the supplementary affidavit filed in connection thereto.
(2.)Heard the submission of the Ld. Senior Advocate for the petitioner. In re: Saroj Kanti Gupta, Mr. S.K. Roy Chowdhury being assisted by Mr. Amal Krishna Sana. Heard the submission of the Ld. Senior Advocate for the petitioner In re: Nihar Ranjan Majumdar Mr. Bidyut Kr. Banerjee being assisted by Mr. Debasis Roy. The Ld. Senior Advocate Mr. Bhaskar Bhattacharjee being assisted by Mr. Debasis Roy In re: Adinath Ganguly and the Ld. Advocate Mr. M.K. Surana for the petitioner In re: Santosh Ranjan Das. Mr. Banerjee and Mr. Bhattacharjee and Mr. Surana adopted the argument of Mr. S.P. Roy Chowdhury. So the argument as advanced by Mr. Roy Chowdhury be considered as arguments advanced by Mr. Banerjee Mr. Bhattacharjee and Mr. Surana. Mr. Roy Chowdhury also appears for the petitioner In re: Probodh Kr. Sinha being assisted by Mr. Debasis Roy. Also heard the submission of the Ld. Senior Advocate Mr. Gautam Chakraborty for the petitioner In re: Adinath Ganguly, being assisted by the Ld. Advocate Mr. M.P. Chowdhury. Heard the Ld. Senior Advocate Mr. Aninda Mitra appearing for the petitioner In re: Saroj Kanti Gupta, being assisted by Mr. M.P. Chowdhury for O.P. No. 1 and Mr. S.K. Sinha and Mr. L.P. Poddar appearing for O.P. No. 2 in all the matters. Considered the materials on record.
(3.)By the instant revisional application along with some other applications which are heard together as mentioned earlier. The applicant court of the learned Judge, 7th Bench, City Civil Court, Calcutta, challenged Order No. 10 dated 9th April, 1996 whereby the Ld. Judge dismissed the applications of the applicants for being added as parties, made under Order 1 Rule 10 (2) of the C.P.C.
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