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ARUN KUMAR JHA
Ramvichar Rai – Appellant
Versus
Raj Nath Das – Respondent
Arun Kumar Jha, J.—The instant petition has been filed under Article 227 of the Constitution of India challenging the order dated 06.05.2019 passed in Title Suit No. 136 of 2017 by the learned Sub Judge- XII, Patna whereby and whereunder the learned Sub Judge allowed the intervener application dated 17.05.2018 filed by the intervener/petitioner under Order 1, Rule 10 (2) of the Code of Civil Procedure (hereinafter referred to as ‘the Code’).
2. Briefly stated, the facts of the case are that the petitioners are plaintiffs of Title Suit No. 136/2017 which has been filed against the defendants/respondents 1st set for declaration of title and non-title of the defendants on the suit land apart from other reliefs. The suit property is one Plot No. 11 under Khata No. 1616 measuring an area of 4.28 acres situated at Mauza- Saidpur Digha, P.S.-Digha, District-Patna, which belonged to one Raja Chandeshwar Prasad Narayan Singh (hereinafter mentioned as ‘Late CPN Singh’), who died on 28.09.1941 leaving behind his four daughters, namely Janak Kishori Devi, Krishna Kishori Devi, Raj Kishori Devi and Girija Kishori Devi and one of the daughters, namely Janak Kishore Devi died issue-less. The dispu
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....
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.
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.
The right to intervene in ongoing execution proceedings is denied if the petitioner has no established interest in the property and the rights of prior parties have been conclusively determined.
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