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ARUN KUMAR JHA
Pawan Kumar Tiwary – Appellant
Versus
Jayanti Devi – Respondent
Arun Kumar Jha, J.—The present petition has been filed under Article 227 of the Constitution of India challenging the order dated 09.12.2019 passed in Title Suit No. 106 of 1994 by the learned Sub Judge, Jagdishpur, Bhojpur whereby and whereunder the learned Sub Judge allowed an intervener application dated 22.11.2019 filed by the interveners under Order 1 Rule 10 (2) read with Section 151 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’).
2. Briefly stated, the facts of the case are that the petitioner/ plaintiff has filed Title Suit No. 106 of 1994 for partition of Schedule 1 property of the plaint. The plaintiff has also sought declaration in respect of a Will executed by one Samrajo Kunwar to be null and void. The Title Suit No. 106 of 1994 remained pending for quite long time and, thereafter, the parties entered into a compromise and, accordingly, the compromise petition was filed in the aforesaid title suit. Meanwhile, the interveners/ petitioners/ respondent nos. 2 to 8, claiming themselves to be purchasers, from the original defendant, namely Laxman Upadhyay, of a part of scheduled land of Title Suit No. 106 of 1994, filed an intervener petition under Or
Intervenors cannot be impleaded in a partition suit without a direct interest in the property, as mere genealogy disputes do not justify their inclusion.
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....
Intervention application – Being masters of their lis, petitioners cannot be made to contest or fight against an opponent who, in eyes of plaintiffs, has no concern with suit land and has not been ca....
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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