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SUNIL DUTTA MISHRA
Giridhar Gopal, S/o. Late Birendra Kumar Singh – Appellant
Versus
Ramawati Devi, D/o. Late Sudarshan Singh, W/o. Late Ravindra Rai – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pushkar Narain Shahi, Sr. Advocate, Mr. Apurva Kumar, Mr. Shivam, Mr. Deep Shekhar.
For the Respondents: Mr. B.N. Chowdhary, Mr. Dhananjay Kumar, Mr. Amir Alam.

JUDGMENT :

Heard learned counsel for the parties.

2. This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dated 24.03.2018 passed in Title Suit No. 144 of 2011 by learned Sub Judge II, Danapur whereby the learned Court below allowed the application under Order 1 Rule 10 (2) and Section 151 of the Code of Civil Procedure (in short “C.P.C.”) and directed that the applicant Smt. Ramawati Devi (respondent No.1) be added as a party-defendant in the suit.

3. The brief facts of the case are that the plaintiff filed a suit being Title Suit No. 144 of 2011 for declaration that suit land described in Schedule-I of the plaint was joint family property of the plaintiff and defendant Nos. 2 to 10 and defendant Nos. 2 to 4 did not have a right to sell the same and the land sold by defendant Nos. 2 to 4 in favour of defendant No. 1 by a registered deed of sale dated 16.03.2011 having no effect and the same may be set aside. The defendants (except defendant Nos. 2 to 4) filed their written statement. The issues were framed and three witnesses on behalf of the plaintiff were examined. The petition dated 09.08.2017 filed on behalf of Smt.

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