Hon'ble Judges/Coram:
Ashok Bhan and A.R. Lakshmanan

JUDGMENT

A.R. Lakshmanan, J.

1. Leave granted.

2. These two appeals are directed against the judgment and order dated 15.06.2004 passed by the High Court at Calcutta in C.A.N. No. 2642 of 2004 in S.A.No. 631 of 1993 and in C.A.N. No. 2643 of 2004 in S.A.No. 632 of 1993 whereby the High Court dismissed the applications filed by the appellants for substitution of their names, namely, Amit Kumar Shaw and Anand Kumar Shaw as contesting respondents in place and stead of Birendra Nath Dey and Smt. Kalyani Dey, both since deceased and represented by their legal heirs in their place. According to the appellants, the respondents above named had sold the suit property to the appellants, who are the only persons interested in the said suit property.

3. The service of notice is complete in both the matters but no one has entered appearance on behalf of the respondents.

4. The short facts are as follows:

The property in question originally belonged to Khetra Mohan Das and subsequently by way of lease and transfer; the said property ultimately came in the hands of Birendra Nath Dey and Smt. Kalyani Dey. There were troubles in between the original owner and the said Birendra Nath Dey and Smt. Kalyani Dey and as a result of that, the suit was filed. One Fakir Mohammad claimed his right, title and interest in respect of the property in question by way of adverse possession. Ultimately, both the appeals being Title Appeal No. 400 of 1989 and Title Appeal No. 7 of 1990 were allowed by a common judgment and decree dated 25.06.1992 and the suit was remanded back for rehearing before the trial Court. Being aggrieved by the said decree, Fakir Mohammad filed S.A.Nos. 631 and 632 of 1993 challenging the said judgment of the first appellate Court. On 15.12.1995, by a deed of assignment Birendra Nath Dey assigned his leasehold interest in respect of 132A, Circular Garden Reach Road, Calcutta in favour of the present appellants. Similarly, by a sale deed on 15.12.1995, Kalyani Dey sold and transferred 132 B Circular Garden Reach Road, Calcutta in favour of the present appellants. Therefore, the appellants filed applications for recording their names in the Municipal records. At that time, the appellants, for the first time, came to know about the pendency of the above two appeals. Immediately thereafter, the appellants filed the petitions praying for adding them as a party in connection with those two appeals. In this factual background, the following questions of law arise for consideration by this Court in these appeals:

"1) Whether on a combined reading of Order 1 Rule 10, Order XXII Rule 10 of the Code of Civil Procedure, 1908 and Section 52 of the Transfer of Property Act, 1882, an application for substitution by a subsequent transferee can be rejected and he be non-suited altogether?

2) Whether a decree for adverse possession is set aside in First Appeal in the year 1992 and no stay application was filed for long 12 years (till 2004) in the Second Appeal, whether a tra........