SAMBUDDHA CHAKRABARTI,J. - (1.) This revisional application is directed against order No. 67 dated November 10, 2009 passed by the learned Civil Judge (Senior Division), 1st Court, Hooghly in Title Suit No. 255 of 2006. By the said order, the learned trial Judge had allowed the application under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure filed by the applicants claiming to be the legal heirs of the defendant No. 8.
(2.) The application for addition of parties was filed by three persons, inter alia, alleging that they had come to know of the pendency of the suit filed for declaration and partition of the relevant Debattor properties. The defendant No. 8 died on May 4, 1999 leaving behind the applicants as his legal heirs.
(3.) The application was not opposed by the plaintiff, but the defendants had taken out a very strong objection primarily on the ground that the applicants were not the legal heirs of the defendant No. 8. They not only denied the claim of the applicants to legal heirship but also described their claim as false and fabricated. The objection is re-pleaded with negative assertions about the status of the applicants as heirs of the original defendant No. 8. After hearing both the sides, the learned trial Judge passed the order as mentioned before.;