12.08.2026 Court No.2 Item No.21 sudipta IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 1517 of 2023 Dibakar Mahato @ Babu Mahato Vs. Saimun Bibi & Ors. Mr. Sanjib Bandyopadhyay Mr. Pritam Das …for the petitioner Mr. Aritra Bhattacharya Mr. Sumon Datta …for the respondents 1. After some argument learned counsel seeks permission to withdraw the present petition without prejudice to the contention raised in the present petition and also with liberty to raise the issue to non-joinder of the necessary party before the learned Trial Court. 2. It is pertinent to mention here that the learned Appellate Court vide the impugned order has also, inter alia, observed that non-joinder of necessary party is not an incurable defect. 3. Let the petitioner / defendant make appropriate submissions or take appropriate legal steps for raising the issue of non-joinder of necessary party before the learned Trial Court. Learned Trial Court shall decide the same in accordance with law. 4. In view of the submissions made, the present petition stands disposed of. 2 5. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Dinesh Kumar Sharma, J.)