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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Meena Devi, Wife of Late Kapildeo Singh – Appellant
Versus
Kailash Devi Wife of Late Bhagwat Prasad – Respondent
JUDGMENT :
ARUN KUMAR JHA, J.
The present petition has been filed under Article 227 of the Constitution of India challenging the order dated 12.12.2022 passed in Misc. Case No. 227/1996 by learned Additional District Judge-XIV, Patna whereby and whereunder the petition of the intervener/petitioner dated 30.07.2010 filed under Order 1 Rule 10 (2) read with Section 151 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) has been rejected along with another petition filed by some other persons under Section 151 of the Code.
2. Shorn of unnecessary details, the case of the petitioner is that she had purchased the land bearing Khata No. 145, Khesra No. 3205 area 4275 sq.ft. (3 decimals), Khata No. 763, Khesra No. 3206 area 5 decimals and Khata No. 145, Khesra No. 3207 area 6 decimals on 16.10.2008 from one Krishna Dutta, son of Late Shiv Lal Sao vide a registered sale deed. The petitioner came to know about Misc. Case No. 227/1996 between Bhagwat Prasad and Krishna Dutta, which has been going on with regard to partition of joint family property in the light of judgment/order dated 10.10.1996 passed in Civil Appeal No. 7475/1994 by the Hon’ble Supreme Court wherein th
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.
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.
Purchasers of property in a partition suit may seek impleadment to assert equity; Section 52 of Transfer of Property Act permits their inclusion in ongoing litigation for effective adjudication.
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.
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 main legal point established in the judgment is the application of Order 1 Rule 10(2) C.P.C. and the principles regarding impleadment of parties as laid down by the Hon'ble Apex Court in the case....
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