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ARUN KUMAR JHA
Surendra Thakur, S/o Late Jagdish Thakur – Appellant
Versus
Chandu Thakur, S/o Late Ram Dev Sharma – Respondent
JUDGMENT :
Arun Kumar Jha, J.
Heard learned counsel for the petitioner as well as learned counsel for the respondent nos. 3(ii), 4, 5 and 6 on the point of admission and I intend to dispose of the present petition at the stage of admission itself.
2. The petitioner has filed the instant petition under Article 227 of the Constitution of India for setting aside the order dated 06.04.2016 passed by the learned Sub Judge-IV, Darbhanga in Title Suit No. 267 of 2012 whereby and whereunder the learned Sub Judge-IV, Darbhanga rejected the petition dated 20.02.2016 filed on behalf of the petitioner under Order I Rule 10 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) seeking impleadment of the State of Bihar through the Collector, Darbhanga, DCLR, Sadar, Darbhanga and the Circle Officer, Hanuman Nagar, Darbhanga as defendant nos. 7, 8 and 9 in the Title Suit No. 267 of 2012.
3. Learned counsel for the petitioner submits that the petitioner is the plaintiff before the learned trial court and has filed Title Suit No. 267 of 2012 seeking following relief(s):-
(ii) It be further held that the
The court affirmed that State officials were not necessary parties in a Title Suit where no relief was sought against them, emphasizing the importance of proper party inclusion for effective adjudica....
Pending title suit precludes mutation orders by authoritative bodies, ensuring adherence to due process and natural justice.
The amendment of a plaint under Order VI Rule 17 is not permissible if it alters the fundamental nature of the suit.
The court emphasized the necessity of adding parties under Order I Rule 10 CPC to ensure complete adjudication and avoid multiplicity of proceedings.
High Court's jurisdiction under Article 227 is to ensure subordinate courts act within their authority; amendments to pleadings must be sought in good faith and with due diligence.
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
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