D.P.Sarkar-II, J. - (1.) This is an application under Article 227 of the Constitution of India directed against an order dated 15.1.94 passed in Title Suit No.-23/1994 by the learned Additional District Judge, 8th Court, Alipore.
(2.) The facts leading to this revisional application are, in short, as follows :- "The dispute arises out of Partition Suits. The subject matter of the suit i.e. the suit property stands in the name of Samaresh Mohan Ghosh and Nikhilesh Mohan Ghosh in equal share as per the Deed of Purchase. Now, Samaresh filed Title Suit No. 23/1994 against Nikhilesh for partition of his half share. On the other hand, Nikhilesh as plaintiff filed another Suit No. 53/1994 for partition against Samaresh through the constituted Attorney namely Muktesh Mohan Ghosh-the elder brother against Samaresh and this Muktesh also as constituted Attorney filed written statement in Title Suit No. 23/1994 filed by Samaresh as plaintiff. Now, this Muktesh and other filed an application under order 1 Rule 10 of the CPC for his addition and the addition of his four sisters to the Suit as parties on the ground that the suit property was the property of their father-Late Tripura Binode Ghosh who purchased the property in the name of his two sons-Samaresh and Nikhilesh for the benefit of himself, the daughters, remaining son i.e. the present petitioner and the mother i.e. the wife of Late Tripura Binode Ghosh. The learned Trial Court was pleased to reject that application and against that order of rejection a revisional application under section 115 A of the CPC. was filed before the learned District Judge, Alipore and the matter was disposed of by the learned Additional District Judge, Alipore who was pleased to set aside the order of the Learned trial court and allowed the prayer for addition of parties i.e. the present petitioner and his four sisters, mother being dead."
(3.) On being aggrieved by such order, the present application under Article 227 of the Constitution has been filed by the petitioner on the ground that the learned Additional District Judge acted without jurisdiction and as such impugned order should be set aside.;