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2019 DIGILAW 686 (JHR)

S. K. Hasan @ Mongla Sk. v. Md. Salim

2019-03-11

SUJIT NARAYAN PRASAD

body2019
ORDER : I.A. No.768 of 2019 : The matter has been listed under the heading for Orders for passing appropriate orders in interlocutory applications being I.A. No.768 of 2019 and I.A. No.783 of 2019 which have been filed for impleadment of the plaintiff to the suit namely, Nanda Dulal Bhagat. 2. The interlocutory application being I.A. No.768 of 2019 filed by the petitioner to the writ petition for impleadment of one “Nanda Dulal Bhagat son of late Bindeshwari Prasad Bhagat, resident of Netaji Subhash Road, P.S. English Bazar, P.O. & District-Malda, West Bengal, presently residing at Kashim Bazar Mahalla, village & P.O. & P.S.-Rajmahal, District Sahebganj, Jharkhand” who although is plaintiff to suit but could not be impleaded as party respondent to the instant writ petition due to inadvertence and bona fide mistake, therefore, he has been sought to be impleaded as party respondent herein. I.A. No.783 of 2019 : 3. Interlocutory application being I.A. No.783 of 2019 has been filed by the plaintiff to the suit before the trial court namely, Nanda Dulal Bhagat for seeking leave of this Court for his impleadement as party to the writ petition since he is necessary to be heard before passing an order being plaintiff before the trial Court. 4. Having heard both the applications by the learned counsel for the parties and considering the reasons assigned therein, “Nanda Dulal Bhagat son of late Bindeshwari Prasad Bhagat, resident of Netaji Subhash Road, P.S. English Bazar, P.O. & District-Malda, West Bengal, presently residing at Kashim Bazar Mahalla, village-& P.O. & P.S.-Rajmahal, District Sahebganj, Jharkhand” is directed to be impleaded as respondent No.23 to the instant writ petition. 5. The parties are directed to make necessary corrections in course of the day. W.P.(C) No.2960 of 2018 : 6. The writ petition is against the order dated 05.12.2017 passed in Title Suit No.09 of 2005 by the petitioner who is defendant No.1 to the suit before the trial court. 7. Learned counsel for the petitioner after some arguments seeks permission to withdraw this writ petition with a liberty to raise the issue before the trial Court. 8. Mr. Rohitashya Roy, learned counsel for the newly impleaded respondent/plaintiff to the suit has not objected to such submission of learned counsel for the petitioner. 9. 7. Learned counsel for the petitioner after some arguments seeks permission to withdraw this writ petition with a liberty to raise the issue before the trial Court. 8. Mr. Rohitashya Roy, learned counsel for the newly impleaded respondent/plaintiff to the suit has not objected to such submission of learned counsel for the petitioner. 9. In view thereof, this writ petition is dismissed as withdrawn with the liberty to the petitioner as also to the respondents to the writ petition to raise legal issues before the trial Court. 10. Accordingly, interlocutory applications being I.A. No.768 of 2019 and I.A. No.783 of 2019 stands disposed of.