Suraj Saha Vs Pranati Roy and 10 Ors.

The supervisory jurisdiction of this Court has been invoked to challenge the order dated 10.07.2024 passed by the learned Civil Judge, (Junior Division) No.1, Karimganj in Misc. Case No.254/2024 arising out of Title Suit No.183/2021 whereby the application so filed by the petitioner under Order I Rule 10 (2) read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) was rejected with a cost of Rs.2,000/-.

¶46

From the materials on record, it is seen that the respondent No.1 herein has filed a suit being Title Suit No.183/2021 seeking a decree for partition of the properties as described in the Schedule to the plaint. It is further seen from the records that the defendant Nos.6 & 7 of Title Suit No.183/2021 sold their part of the share to the petitioner herein by a registered Deed of Sale bearing Deed No.3553 dated 11.09.2023.

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This Court has duly taken note of Section 44 of the Transfer of Property Act, 1882 which stipulates that one of two or more co-owners of an immoveable property legally competent in that behalf transfers his share of such property or any interest thereon, the transferee acquires as to such share or interest and so far as is necessary to give effect to the transfer, the transferor’s right to joint possession or other common or part

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enjoyment of the property and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred.

¶50

Taking into account the above, as the defendant Nos.6 & 7 were co-owners of the suit property and they being legally competent, the Deed of Sale bearing Deed No.3553 dated 11.09.2023 was executed in favour of the petitioner herein, the petitioner stands in the footing of the defendant Nos.6 & 7 in the suit and therefore would be entitled to take part in the said partition proceedings which is the subject matter of the suit.

¶51

Consequently, it is therefore the opinion of this Court that the learned Trial Court ought to have allowed the application under Order I Rule 10 (2) of the Code so filed by the petitioner. Having not done so, that too at the objection filed by the defendant No.1 shocks and surprises this Court for which this Court invokes its supervisory jurisdiction under Article 227 of the Constitution and interferes with the order dated 10.07.2024 impugned in the instant proceedings.

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This Court further allows the application filed under Order I Rule 10 (2) of the Code being petition No.528/32 filed before the learned Trial Court and impleads the petitioner herein as the defendant No.12 to the said suit.

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Ms. B. Sarkar, the learned counsel for the petitioner submitted that she has got the plaint as well as the copies of the documents which have been filed along with the plaint. The learned counsel for the petitioner further submitted that she would be submitting the written statement by 16.06.2025.

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Taking into account the above, this Court disposes of the instant petition with the following observations and directions:

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(i) The order dated 10.07.2024 passed in Misc. Case No.254/2024 is interfered with and set aside.

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(ii) The petitioner herein who is the applicant in petition No.528/32 is impleaded as the defendant No.12 in the said suit.

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(iii) The petitioner herein is given the liberty to file his written statement before the learned Trial Court on or before 16.06.2025.

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JUDGE

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Comparing Assistant

Suraj Saha v. Pranati Roy and 10 Ors.

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Suraj Saha v. Pranati Roy and 10 Ors.

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