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Judgment
The plaintiffs in a suit, inter alia for declaration of the plaintiffs’ right to protect their interest in respect of the suit property and consequential
reliefs, have come up with the present application under Article 227 of the Constitution of India.
The said suit was filed against the present opposite party no. 1, which is a tenant under the petitioners in respect of the suit property. However, in
view of portions of the suit property having been taken into custody by the Custodian of Enemy Property of India from the erstwhile owners who
were apparently citizens of Bangladesh (previously East Pakistan), the present proforma opposite party nos. 2 and 3 were also impleaded in the suit as
proforma defendants.
By virtue of the impugned order dated December 13, 2017, the court below expunged the names of the said proforma defendants from the cause title
of the plaint on their own prayer, holding that the said proforma defendants are not necessary parties to the suit.
The petitioners submit inter alia that the Enemy Property (Amendment and Validation) Act, 2017, on the basis of which the impugned order has been
passed, came into force only on January 07, 2016 and does not have any retrospective effect. As such, it is submitted that the provisions of such Act
cannot in any event affect the present suit, which was instituted in the year, 2009.
Secondly, the petitioners submit that the proforma defendants are necessary, or at least proper parties to the suit in view of the nature of reliefs sought
therein. No declaration as to any title and/or right to the suit property can be passed without impleading the proforma defendants. More over, there
may be some doubt as to whether a declaratory suit of the present nature can in any way be prevented from being filed in the civil court by virtue of
the said Act.
There prima facie appears to be substance in such contentions of the petitioners. Accordingly, the petitioners are directed to serve copies of C.O. No.
765 of 2018 on the opposite party no. 1, as well as on the proforma opposite party nos. 2 and 3 and to file an affidavit of service on the next date of
hearing.
There will be an order of stay of all further proceedings in Title Suit No. 6153 of 2009 pending before the Fourth Bench, City Civil Court at Calcutta
till disposal of this revisional application. The matter will next appear in the monthly list of June, 2018.