MONOWARA BEGUM AND ORS. v. NASIM ARA BEGUM AND ANR.
CO/4277/2025 · 2026-09-03
Rai Chattopadhyay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3555 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3555 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C.O. 4277 of 2025
03.09.2026 Monowara Begum & Ors. ct.652, sl. 9 vs sk Nasim ara Begum & Anr.
Mr. Anindya Sundar Das Mr. Shaunak Ghosh Mr. Sayed UJ Jaman Mr. Suman Halder Ms. Suva Gayen …for the petitioners.
1. The petitioner has challenged an order of learned Civil Judge (Senior Division) 2nd Court at Uluberia dated August 20, 2025 in Title Suit No. 53 of 2023.
2. Vide the said order the learned Trial Court has turned down the petitioner’s prayer under Order 1 Rule 10(2) of C.P.C. seeking his addition in an already existing suit for partition, as a party.
3. Mr. Ghosh, learned advocate appearing for the petitioner has submitted that the petitioner is a co-owner of the suit property from a date, earlier than filing of the said suit for partition.
4. For this the petitioner has title deed to show to the Court, to substantiate his claim that he is a necessary party in the suit.
5. Mr. Ghosh, learned advocate for the petitioner has submitted that due to certain unavoidable reasons, the petitioner could not furnish this
2 and other relevant document/s, before the learned Trial Court, at the time of consideration of his prayer under Order 1 Rule 10(2) of C.P.C.
6. At this juncture, this Court is of the opinion that this matter may be remanded back to the learned Trial Court for hearing afresh as regards the petitioner’s prayer under Order 1 Rule 10(2) of C.P.C.
7. The order impugned in this revision is not interfered with, though it is directed that the learned Trial Court shall take into consideration the documents/deeds the petitioner wants to produce before the Court, in support of his plea that he is a necessary party in the suit and needs to be added as one.
8. Let the learned Trial Court decide upon whether its order dated August 20, 2025 in Title Suit No. 53 of 2023 should be varied in the manner as it thinks proper, upon consideration of further
submissions of the petitioner as well as the existing parties of the suit and the documents submitted by the present petitioner, before the learned Trial Court including his title deed.
9. Let the learned Trial Court finally decide and pass an order, within a period of four weeks from the date of communication of copy of this
3
order, only independently, and without being influenced by any observation of this Court, in this order.
10. The present revisional application is
disposed of with the directions as above.
(Rai Chattopadhyay, J.)