DIPANKAR DATTA,J. - (1.) This revisional application is directed against order no. 52 dated 11th December, 2017 passed by the learned Judge of the City Civil Court, 12th Bench, Kolkata. By such order, the learned Judge proceeded to reject an application for police help filed by the plaintiffs/petitioners (hereafter the plaintiffs) under section 151 of the Code of Civil Procedure (hereafter the Code).
(2.) The plaintiffs having instituted a suit for declaration and permanent injunction against four defendants, who are the opposite parties 1 to 4 in this application, filed an application for temporary injunction under Order 39 Rules 1 and 2 read with Section 151 of the Code. An ex parte order was passed on 22nd June, 2015 whereby the said application was allowed restraining the defendants 1 to 4 from disturbing the peaceful possession of the plaintiffs in the suit property till the disposal of the suit.
(3.) The application under Section 151 of the Code for police help was filed on 9th August, 2017. The impugned order dated 11th December, 2017 records that after the interim order of injunction was passed, the landlord of the plaintiffs had been added as a proforma defendant in the suit. The said proforma defendant filed a written objection to the application for police help under Section 151 of the Code. It was pleaded therein that the suit was a collusive one between the plaintiffs and the defendants 1 to 4 and the proforma defendant was intentionally not arrayed as a defendant in the suit. It was also pleaded that in order to grab the suit property, the plaintiffs and the defendants 1 to 4 had kept the proforma defendant in the dark and had colluded with each other so that an order of injunction is obtained and thereafter implemented by securing police help through the application under Section 151 of the Code, to the utter prejudice and detriment of the proforma defendant.;