Extracted from the PDF above. The PDF is authoritative.
Sl.26 05.08.2026 Court No.6 BP C.O. 2467 of 2026
Srabasti Sinha Roy -versus- Sumana Banerjee & Anr.
Ms. Srabasti Sinha Roy the petitioner ( in person)
This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order dated 2nd July, 2026 passed by the learned Civil Judge (Senior Division), 8th Court at Alipore in Title Suit No. 1341 of 2024. The petitioner has challenged the portion of the said
order by virtue of which the defendant nos.6 and 12 were
directed to be struck out from the cause title of the plaint. The petitioner appearing in person submits that the defendant nos. 6 and 12 are necessary parties in the said suit and the learned trial judge without considering such fact directed such parties to be struck out from the cause title of the plaint. From the plaint of the said suit this Court finds that the petitioner has sought for a declaration that certain deeds of conveyance are false, fraudulent, forged and fabricated and in violation of the legal right of the plaintiff and co-sharers and for further declaration that the plaintiff and the co-sharers are lawful right, title and
2 interest in the suit properties and for permanent injunction. On a query of the Court the petitioner appearing in person submits that the defendant nos. 6 and 12 are not parties to the said deed of conveyance. The learned trial judge rightly recorded that it has not been pleaded in the plaint that the defendant nos. 6 and 12 are parties to the deeds which are the subject matter of declaration for cancellation of such deeds. The defendant no.12 is the learned advocate and in the four corners of the pleadings of the plaint it is not found that the defendant no.12 has any right, title and interest in the suit property. The learned trial judge has assigned cogent reasons for striking out the names of the defendant nos.6 and 12 from the array of parties in the suit. This Court does not find any infirmity in the order impugned warranting interference under Article 227 of the Constitution of India. C.O. 2467 of 2026 accordingly stands disposed of with the aforesaid observations. At this stage, the petitioner appearing in person submits that the petitioner may be given liberty to add any necessary party in the suit. It will be open to the petitioner to take steps in accordance with law. There shall be, however, no order as to costs.
3 Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Hiranmay Bhattacharyya, J.)