Bhaskar Bhattacharya, J - (1.) This revisional application under Section 115 of the Civil Procedure Code is at the instance of a defendant in a suit for declaration, partition and injunction and is directed against Order No. 82 dated May 17, 1996 passed by the learned Assistant District Judge, 3rd Court, Alipore, District - 24 Parganas in Title Suit No. 180 of 1985 thereby allowing an application under Order 1 Rule 10(2) of the Civil Procedure Code filed by the opposite party No. 2 for addition of party. The opposite party No. 1 filed the aforesaid suit inter alia for partition on the allegation that the petitioner and the said opposite party No. 1 are the sons of Harish Chandra Mitra and Smt. Indira Pratima Mitra, both deceased and that the opposite party No. 1 as one of the heirs of the aforesaid Harish Chandra and Smt. Indira Pratima inherited half share in the suit property, the remaining half share being owned by the petitioner herein.
(2.) In the aforesaid suit, the opposite party No. 2 came forward with an application under Order 1 Rule 10(2) of the Code for being impleaded as a party defendant on the allegation that she was the adopted daughter of Harish Chandra and Smt. Indira Pratima, the parents of the parties to the said suit for partition. In support of the aforesaid application the opposite party No. 2 filed Xe-rox copy of the application alleged to have been filed by Harish Chandra before the learned Additional District Magistrate, 24 Paraganas on December 18, 1970 thereby praying for permission to adopt the said opposite party No. 2 then 3 years old. The opposite party No. 2 also filed Xe-rox copy of the order dated December 31, 1970 passed by the learned Additional District Magistrate, 24 Parganas allowing such prayer.
(3.) The aforesaid application for addition of party was opposed by the petitioner herein thereby denying the claim of adoption and contending that the case made out by the opposite party No. 2 did not disclose a prima facie case of valid adoption in accordance with law.;