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ARUN KUMAR JHA
Anil Kumar Pathak – Appellant
Versus
Umesh Bhagat – Respondent
Arun Kumar Jha, J. – The present petition has been filed for setting aside the order dated 28.04.2017 passed by learned Munsif, Jamui in Title Suit No. 95 of 2016, whereby and whereunder the petition filed under Order 1 Rule 10(2) of the Code of Civil Procedure (in short ‘the Code’) by the intervenors has been allowed.
2. Briefly stated, the facts leading to the institution of the present civil miscellaneous petition are that the petitioners are plaintiffs in Title Suit No. 95 of 2016. The plaintiffs claimed Khesra Nos. 219 and 220 of Khata No. 36 are the land of the plaintiffs. 2 decimal of land of Khesra No. 220 came in possession of the predecessor of the plaintiffs through sale certificate issued in auction proceeding in Execution Case No. 35 of 1939 in the name of Rameshwar Pathak, who was grandfather of plaintiff/petitioner no. 1 and great grandfather of plaintiffs/petitioner nos. 2 and 3. After the death of Rameshwar Pathak, property belonging to him was partitioned between his two sons, namely Jairam Pathak and Bishunath Pathak, in Partition Suit No. 37 of 1979 and accordingly, Khesra No. 220 (entire) along with other khesras came in possession of Jairam Pathak, the father o
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....
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 main legal point established in the judgment is that the impleadment of a party is not necessary if no legal right has been created in their favor, and their presence is not required to effective....
A subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
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