Bana Ful Sett v. Latika Dey and Ors. (Tapan Kumar Dey Since Deceased)
Partition – suit dismissed for non-joinder of necessary parties
Case brief
What is this about?
F.A. 138 of 2017 (with CAN 1 of 2017), Sri Banaful Sett v. Smt. Latika Dey & Ors. — Division Bench of Rajasekhar Mantha and Rai Chattopadhyay, JJ. (order-sheet date 10-04-2026) disposed of the first appeal against the 20.01.2017 judgment of the Civil Judge (Sr. Division), 1st Court, Hooghly in T.S. 284 of 2007, dismissing a partition suit for non-joinder of some legal heirs of Swapan Kumar Dey, ROR discrepancies, and alienation/acquisition of portions of the suit property. Court held no interference warranted and observed that a partition suit dismissed on the technical ground of non-joinder does not bar a fresh partition suit; appellants at liberty to file afresh. No statutes or precedents cited; no order as to costs.
What did the court decide?
First appeal disposed of with no interference in the impugned judgment; appellant-plaintiffs granted liberty to file a fresh suit for partition noting the defects pointed out by the Trial Judge; connected pending applications disposed of; no order as to costs.