Makhan Prasad Singh vs Mishrilal Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 450

ARUN KUMAR JHA
Makhan Prasad Singh – Appellant
Versus
Mishrilal Singh – Respondent

Advocates Appeared:
For the Petitioner: M/s Ratan Kumar Sinha, Majojeshwar Pd. Sinha, Sanjay Kumar Sinha, Rama Prabha, Madhulika Pandey.
For the Respondents: Mr. Madanjeet Kumar.

Arun Kumar Jha, J. – The instant civil misc. petition has been filed under Article 227 of the Constitution of India for quashing the order dated 03.12.2016 passed by the learned 2nd Additional District Judge, Vaishali at Hajipur in Letter of Administration (LOA) Case No. 14 of 2001, whereby and whereunder the learned trial court allowed the petition dated 03.07.2015 filed on behalf of Intervenors/opposite parties/respondents filed under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’).

2. Briefly stated the facts of the case are that one Ramrati Devi filed Title Suit No. 239 of 1989 before the learned Sub Judge, Vaishali for declaration of right and interest over the suit land and also for declaring certain deed of gift as illegal, inoperative and not binding upon the plaintiff. During pendency of the original suit, the plaintiff, Ramrati Devi, died and in her place, the name of present petitioner was substituted. The title suit was decreed on contest in favour of the plaintiff/petitioner by judgment dated 22.11.2013. During pendency of the title suit, the petitioner filed one LOA Case No. 14 of 2001 before the learned Additional Distri

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