Hiranmay Bhattacharyya, J. - (1.) The instant application under Article 227 of the Constitution of India is at the instance of the plaintiffs in a suit for declaration of title and for further declaration that the two deeds of gift of the year 2010 were illegal, invalid, void, ab initio and also that by virtue of the said deed no title passed in favour of the defendant nos.4 and 5 and for permanent injunction.
(2.) During the pendency of the said suit Ajay Pal the defendant no.4 died on April 27, 2016. The plaintiffs took out an application under Order 22 Rule 4 read with Section 151 of the Code of Civil Procedure, inter alia, praying for addition of the minor sons of the deceased defendant no.4 in the said suit. It was further stated in the said application that the wife of the defendant no.4 is already on record as defendant no.5 in the said suit.
(3.) The learned Trial Judge by an order being no.9 dated August 12, 2016 was pleased to observe that the suit already proceeded ex parte against the defendant and the defendant has no locus standi to contest the suit before vacating the ex parte order against them. The learned Trial Judge was further pleased to fix September 13, 2016 for ex parte hearing of the suit. The hearing of the said suit was further adjourned to 03.12.2016 by the order being no.10 dated September 13, 2016.;