BISWAJIT BASU, J. - (1.) The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiff in a suit for declaration and injunction and it is directed against three orders dated September 15, 2016, January 25, 2017 and June 12, 2017 passed by the learned Civil Judge (Junior Division), 1st Additional Court, Alipore, South 24-Parganas in Title Suit No. 50 of 2015.
(2.) The defendant no. 2, in the suit, Saibal Chowdhury died on May 01, 2015. The plaintiff on July 05, 2016 filed an application under Order 22, Rule 4 of the Code of Civil Procedure thereby praying substitution of the legal heirs and representatives of the said Saibal Chowdhury, namely, his widow Baishaki Chowdhury, daughter Akansha Chowdhury and son Ankit Chowdhury in the suit as defendants.
(3.) The learned trial Judge, by the order dated September 15, 2016, dismissed the said application holding that the suit against the deceased defendant no. 2, Saibal Chowdhury has already been abated by operation of law, therefore, no formal order for recording of abatement is needed. The plaintiff thereafter filed an application for review of the said order, which was dismissed by the learned trial Judge, by the order dated January 25, 2017. The plaintiff thereafter filed an application under Order 1, Rule 10 read with Section 151 of the Code praying, the said legal heirs and representatives of the deceased no. 2, Saibal Chowdhury, be added as defendant nos. 2(a), 2(b) and 2(c) in the suit. The learned trial Judge dismissed the said application by the order dated April 24, 2017.;