06.01.2026 Ct. No. 30 S.L. No. 26 SM CO 3800 of 2023 Sri Sri Kalimata Thakurani @ Choto Kalimata popularly known as Choto Maa represented through its shebaits Bablu Majhi & Ors. Versus Sri Sri Kalimata Thakurani @ Boro Kalimata popularly known as Boro Maa represented through its shebaits Dilip Majhi & Ors. Mr. Koushik Banerjee ……for the petitioners 1. The Revisional application has been preferred challenging an Order No. 39 dated 15th June, 2023 passed by the learned Civil Judge (Junior Division) 2nd Court, Katwa in the Title Suit being T.S. No. 103 of 2016 thereby allowing the petition Under Order 1 Rule 10 of the Code of Civil procedure, 1908 as well as the “expunging” petition dated 6th February, 2023 filed by the plaintiff filed by the plaintiff/opposite party. 2. It appears from the order under challenge that the suit before the Trial Court is a representative suit and the petitioner’s grievance herein is that the substitution of the legal heirs of the deceased/plaintiff no. 19 was made by way of an application under Order 1 Rule 10 CPC and not by way of an application under Order 22 of the CPC. 3. Admittedly, the suit before the Trial Court is a representative suit and as such as the other parties are already on record, the question of limitation for 2 substitution does not arise and as such the petitioner/opposite parties herein have not been prejudiced in any manner whatsoever by the impugned order. 4. Considering the said facts and on perusal of the impugned order this Court finds no irregularity in the impugned order and as such the said order calls for no interference by this Court. 5. The Civil Revision is accordingly dismissed. 6. Trial Court to proceed expeditiously with the suit in accordance with law. 7. Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities. [Shampa Dutt (Paul). J]