Date: 16-04-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-09-2018
Date: 28-09-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-11-2018
Date: 03-11-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 13-12-2018
Date: 13-12-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Plaintiff present.
None present for defendant.
Adv. Mr. Raibakkar for applicant in Ch/s present.
Heard.
Order below Ch/s no. 176/18
Heard. Perused affidavit in support of Ch/s. It appears that the applicant no. 1 is the owner of the suit property and applicant nos. 2 to 5 are the trustees of the trust. It appears that according to the applicant, the trust the actual owners/ landlord of the suit premises including other buildings and mosque in the said premises. Further according to the applicant, the trust has filed Eviction suit no. 998/1608/02 before the Small Causes Court against tenant Mr. Sayed Khurshid Alam. Mr. Sayed Khrsihd Alam sublet suit premises in favour of the present deft. And present deft handed over possession of the suit premises in favour of the plff. In the facts and circumstance, the plff has not filed reply to this Ch/s. Considering the averments in support of Ch/s, it appears that applicants are necessary parties to the present suit, in view of reliefs claimed by the plff in this suit and suit subject property before the court. The applicant ought to have been join, as a party deft, as their presence before the court is necessary in order to enable the court effectually and completely to adjudicate upon and settle all the question involved in the suit. Therefore in the interest of justice, Ch/s is to be partly absolute. With this I pass proceed to pass the following order.
Order
1. Chamber Summons no. 176/2018 is made absolute in terms of prayer clause (a).
2. The plff is directed to add applicants, as defendant nos. 2 to 7 in the suit and accordingly directed to carry out amendment, as per schedule to this Ch/s within 14 days from the date of this orders.
3. Accordingly Ch/s no. 176/18 stands disposed of.
Matter is adjd. to 25.03.2019 for compliance by the plff.
Nature Of Disposal: ALLOWED
Disposal Date: 01-02-2019
