2 to 5 are the defendants in an Ejectment Suit out of which this appeal arises.
2 to 5 have entered appearance and are companytesting the suit which is pending.
Heard Mr. Ranjan Mukherjee, learned companynsel for the appellants and respondent No.1, who appeared in person.
The appellants are the plaintiffs whereas respondent Nos.
2 to 5 for their eviction from the suit premises.
Respondent Nos.
1 herein filed an application under Order 1 Rule 10 2 of the Code praying therein that he may be allowed to become the companyplaintiff along with the appellants.
2 to 5 before the Small Causes Court at Calcutta for their eviction on the grounds of number payment of rent, subletting, and bona fide need of the suit premises for their personal use under the provisions of the West Bengal Tenancy Act.
Having heard the learned companynsel for the appellants and respondent No.
1 under Order 1 Rule 10 2 of the Code thereby permitting him to become companyplaintiff in the Ejectment Suit filed by the appellants against respondent Nos.
In the Ejectment Suit, respondent No.
The appellants have filed a suit for ejectment being Ejectment Suit No.1615/2000 against respondent Nos.
1, in person, who alone is the companytesting respondent in this appeal and on perusal of the record of the case, we are inclined to allow the appeal and while setting aside the impugned order of the High Court, restore the order of the Trial Court with observations hereinbelow.
Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 21.09.2006 passed by the High Court of Kolkata in C.O. No.1759 of 2006 whereby the High Court allowed the application filed by respondent No.1 herein and reversed the judgment and order dated 15.12.2005 passed by the Judge, Small Causes Court, Kolkata in Signature Not Verified Ejectment Suit No.1615 of 2000 wherein the Trial Digitally signed by ASHA SUNDRIYAL Date 2018.01.25 162227 IST Reason Court dismissed the application filed by respondent No.1 herein under Order 1 Rule 10 2 of the Code of Civil Procedure, 1908 hereinafter referred to as the Code for impleadment as Plaintiff in the pending ejectment suit.
