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ARUN KUMAR JHA
Vishwanath Jha – Appellant
Versus
State of Bihar – Respondent
Arun Kumar Jha, J.—Heard learned counsel for the petitioners and learned counsel for the respondents 1st party.
2. The petitioners are aggrieved by the order dated 16.02.2017 passed in Title Suit No. 52 of 2000 by the learned Sub Judge-III, Rosera whereby and whereunder the learned trial court allowed the intervener petition dated 28.02.2012 filed by the interveners/respondents.
3. The learned counsel for the petitioners submits that the petitioners are plaintiffs and they have filed Title Suit No.52/2000 before the court of learned Sub Judge, Rosera for declaration of their title over Schedule I land. During the pendency of the title suit, interveners/respodnents 3rd party filed a petition under Order 1, Rule 10 (2) of the Code of Civil Procedure for being added as party defendants. Their application was allowed by the learned trial court vide the impugned order dated 16.02.2017. The learned counsel further submits that the impugned order is a completely non-speaking order as objection of the plaintiffs to the intervener petition was not considered at all. The learned trial court just mentioned the contents of the petition filed by the interveners and by a cryptic order allowed the
Intervention petition – Reason is heartbeat of every conclusion – Pretence of reasons or rubber-stamp reasons is not to be equated with a valid decision-making process.
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 appellate court's remand for interveners to contest their claim was illegal as it failed to address the merits of the original dispute, violating principles of res judicata.
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....
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