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ARUN KUMAR JHA
Ramdular Mallah @ Ramdular Prasad, S/o Sukkhu Mallah – Appellant
Versus
Ramchandra Mallah, S/o Late Bahadur Mallah – Respondent
JUDGMENT :
(Arun Kumar Jha, J.)
Heard learned counsel for the petitioners as well as learned counsel for the respondents.
2. The instant petition has been filed under Article 227 of the constitution of India for setting aside the order dated 08.08.2018 passed by learned Sub- Judge 1st Kaimur in Title Suit No. 122 of 2012, whereby and whereunder the learned trial court allowed the petition dated 23.07.2018 filed on behalf of the intervenor/respondent nos. 20 to 23 under Order 1 Rule 10 of the Code of Civil Procedure (hereinafter as ‘the Code’).
3. The learned counsel for the petitioners submits that the petitioners are plaintiffs before the learned trial court who have filed Title Suit No. 122 of 2012 against the defendants/ respondent nos. 1 to 5 for partition of the suit land. During pendency of the suit, the plaintiffs filed an amendment petition praying therein to delete some plots from the suit land. Further, during the pendency of the suit, intervenor/ respondents 20 to 23 filed another application under Order 1 Rule 10 of the Code but the same was withdrawn on 25.05.2018. After lapse of two months, the intervenors/respondents filed an application on 23.07.2018 under Order 1 Rule
Intervenors cannot be impleaded in a partition suit without a direct interest in the property, as mere genealogy disputes do not justify their inclusion.
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....
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....
The main legal point established in the judgment is the importance of adding necessary and proper parties to ensure the complete determination of the matter in dispute and to prevent multiplicity of ....
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