Sri Arabinda Maity And Another vs Smt. Sita Moni Maity And Others
2021 Latest Caselaw 685 Cal

28.01.2021.
Item No. 11
                               S.A.T. 177 of 2018
                                      with
                C.A.N. 1 of 2019 (Old No. C.A.N. 2832 of 2019)

                          Sri Arabinda Maity and another
                                        Vs.
                         Smt. Sita Moni Maity and others.



                   Mr. Abhik Sarkar,
                   Mr. Rivu Dutta.
                                                    ... for the appellants.



                   The    appeal     is    admitted       on    the    following
              substantial questions of law:
                   (1) Whether the court of appeal below was
                         justified in reversing the judgment and
                         decree of the trial court solely on the
                         ground that two persons possessing the
                         portion   of      the    plots   have        not    been
                         impleaded as party when such persons
                         purchased the undivided property from
                         the   other        co-sharers,        namely,        the
                         defendants?
                   (2) Whether the suit would fail for non-
                         impleadment of purchaser of a share in
                         the undivided property when his vendors
                         are already impleaded as party thereto
                         simply on the ground that they are
                         necessary        party   and     not    the        proper
                         party?
                   (3) Whether the findings of fact recorded by
                         the trial court on the issue whether the
                         two persons, namely, Jhareswar Das and
                         Sk. Ukil, are not necessary party, can be
                         assailed and interfered simply on the
                              2




               recitation of law on the subject without
               embarking          the      journey   on   a   factual
               platform?


     Re: C.A.N. 1 of 2019 (Old No. C.A.N. 2832 of 2019)

           The plaintiffs/appellants are directed to serve
     the   copy   of   the       instant    application   upon   the
     respondents by speed post and shall file affidavit of

service on the returnable date.

Let the instant application be listed after three weeks before the appropriate Bench.

ab                                      (Harish Tandon, J.)



                                        (Kausik Chanda, J.)