Sahidullah Munshi, J. - (1.) This is a suit praying, inter alia, for a decree for khas possession of the suit premises described in the Third Schedule of the plaint and perpetual injunction restraining the defendants and/or their men, agents, servants and/or assigns from alienating, creating third party interests, inducting outsiders, encroaching upon, using, utilizing or howsoever otherwise dealing with the suit premises and further for a mandatory injunction directing the defendants to deliver up vacant and peaceful possession of the suit premises to the plaintiffs.
(2.) The suit is of 2011. However, it has been recorded by an order dated 13th September, 2017 that despite summons being issued to defendants, save and except defendant nos.1, 2 and 3, no one entered appearance. Record reveals that defendant nos.1,2 and 3 entered appearance on 11th April, 2012 but no written statement has been filed since 2012. Despite the matter being adjourned, no one entered appearance on behalf of the defendants. No written statement has been filed and, therefore, the suit was directed to be taken up as an 'undefended suit'.
(3.) Matter was directed to be listed as 'undefended suit' on 14th September, 2017 but no one entered appearance. Matter was finally heard on 18th September, 2017. During the pendency of the suit the plaintiff no.1, Arati Ghose, wife of Late Bibhuti Prasanna Ghosh, expired. An application being G.A. No.3142 of 2011 was taken out by the plaintiffs. The said application was disposed of by an order dated 16.11.2011 and on the strength of such order name of Arati Ghose was expunged. Name of Chitrita Dey, the plaintiff no.2 was numbered as plaintiff no.1 and plaintiff no.3, Swastik Projects Pvt. Ltd. Was renumbered as plaintiff no.2. Although, such amendment has been allowed to be carried out in the cause title of the plaint but corresponding amendment does not appear to have been carried out in the body of the plaint. However, in order to avoid any technical defect wherever in the plaint, Chitrita Dey's name appears, she will be called as plaintiff no.1 and Swastik Projects Pvt. Ltd. Will be called as plaintiff no.2.;