Form No. J(2) In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side Present: The Hon’ble Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Uday Kumar FMAT 240 of 2024 IA No: CAN 1 of 2024 Smt. Shyamali Biswas Vs. Sri Binay Biswas For the appellant : Mr. Saptarshi Kr. Kundu For the respondent : Ms. Shanta Sarkar Heard on : 01.04.2025 Judgment on : 01.04.2025 Sabyasachi Bhattacharyya, J.:- 1. Learned counsel for the respondent, on instruction, submits that the respondent has no objection to the appeal being allowed in the limited context that by the impugned order, the name of the appellant has been expunged as a party to the suit on the strength of a transfer deed in favour of a third party. 2. Upon hearing learned counsel for the parties, we find that the appeal arises out of a suit filed by the plaintiff/respondent for partition and consequential reliefs. In the said suit, an application under Order 2 XXII Rule 10 of the Code of Civil Procedure was filed by the plaintiff seeking to implead the alleged transferee of the appellant, by dint of a purported transfer deed executed by the appellant in favour of the said third party. The learned Trial Judge, by the impugned order, not only added the said alleged transferee but also expunged the name of the appellant. It is contended by the appellant that there is a separate suit pending, challenging such purported transfer and, as such, in the event the appellant is expunged from the array of parties in the partition suit, the same would be premature, since the veracity and legality of the transfer deed, which is the basis of such expunction, is itself sub judice. 3. We find substance in the contention of the appellant in such view of the matter and taking into consideration the concession of the respondent, FMAT 240 of 2024 is partially allowed, thereby setting aside the impugned order, bearing Order No. 44 dated October 10, 2023 passed by the learned Civil Judge (Senior Division) at Ranaghat, District: Nadia in Title Suit No. 147 of 2018 to the extent that the name of the appellant was also expunged from the array of parties in the suit. The appellant shall continue to be a party to the suit along with the added party/alleged transferee, subject to the outcome of the present suit and the other suit filed by the appellant challenging the purported transfer in favour of the added party. 4. CAN 1 of 2024 also stand disposed of accordingly. 5. There will be no order as to costs. 3 6. Urgent Photostat certified copies of this judgment and order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.) I agree. (Uday Kumar, J.) AD-39 TN