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ARUN KUMAR JHA
Ashutosh Kumar Singh – Appellant
Versus
Kaushalya Devi – Respondent
Arun Kumar Jha, J.—Present learned counsel for the petitioners however, no one appears on behalf of the respondents despite service of notice upon the respondents.
2. Heard learned counsel for the petitioners and I intend to dispose of the present petition at the stage of admission itself.
3. The instant petition has been filed on behalf of the petitioners for quashing the order dated 04.03.2017 passed in Title Appeal No. 26 of 2009 by learned Additional District Judge-II, Samastipur whereby and wherein the learned Additional District Judge rejected the petition filed by the petitioners under Order 1 Rule 10 of the Code of Civil Procedure (in short “the Code”).
4. Learned counsel for the petitioner submits that the appellants are respondents before this Court and they filed Title Suit No. 59 of 1996 for declaration of their Title over the suit property which include part of lands bearing Tauzi No. 3968, Khata No. 334(old)/1179(new), Khesra No. 5497 part old/new 8748 measuring 12 kathas 2 dhurs 15 dhurki and also part of land bearing khata no. 1, khesra no. 5379(old)/8803(new) measuring 9 katha 3 dhurs, both situated in Village Kalyanpur Bambaiya, P.S. - Bibhutipur, District Samastipur
(1) Impleadment of necessary party in suit/appeal – Court may at any stage of proceeding can or add or delete party to a suit if it feels presence of such party might be necessary – Any application f....
While considering a petition under Order I Rule 10(2) CPC for addition of party, court is to satisfy itself that person who is sought to be added as party ought to have been joined as a party.
A party with even a slight interest in the estate of a deceased testator has the right to file a caveat and contest the grant of probate.
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.
The court held that the impleadment of parties is permissible only if they are necessary or proper for effective adjudication, and claims for probate must adhere to limitation periods.
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