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ARUN KUMAR JHA
Ramvaran Sah @ Bhaglu Sah – Appellant
Versus
Ashok Kumar – Respondent
Arun Kumar Jha, J.—The present Misc. Petition has been filed under Article 227 of the Constitution of India by the petitioner for setting aside the order dated 17.10.2019 passed by the learned Sub Judge, Sitamarhi in Partition Suit No. 442 of 2015 whereby and whereunder the learned trial court rejected the petition dated 08.02.2016 filed by the petitioner under Order 1, Rule 10(2) of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) for impleadment of the petitioner as intervenor in the aforesaid partition suit.
2. Briefly stated, the case of the parties as it appears from the record is that the respondents are plaintiffs before the learned trial court and they have filed Partition Suit No. 442 of 2015 for partition of land having khata no. 448, plot no. 2828, area 53 decimal of Village-Parari, Thana No. 286, PS and District-Sitamarhi apart from other lands. Khata no. 448, Plot no. 2828, area 98 decimal of Village-Parari is recorded in the name of petitioner Ramvaran Sah @ Bhaglu Sah. The father of the petitioner namely, Ramdayal Sah died intestate in the year 1958, leaving behind the petitioner, his son, and one daughter, namely Sharda Sahu. An oral partitio
The right to intervene in ongoing execution proceedings is denied if the petitioner has no established interest in the property and the rights of prior parties have been conclusively determined.
The main legal point established in the judgment is the discretion of the court to add necessary parties for the complete adjudication of the suit, emphasizing the importance of settling all disputes....
The court clarified the criteria for necessary parties under Order 1 Rule 10 of the Code of Civil Procedure, emphasizing that a party's independent claim does not warrant inclusion in a suit if it do....
A party not seeking relief cannot be compelled to add a stranger to the suit, affirming the plaintiff's discretion in litigation under the Code of Civil Procedure.
A necessary party is one without whom no effective decree can be passed; a plaintiff has the discretion to choose parties in a suit.
A transferee pendente lite is entitled to be impleaded in a suit to protect their interest, and the trial court erred in dismissing the application for impleadment.
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