The court ruled that the addition of parties with legal interest is essential for effectively resolving property disputes, highlighting the role of probate proceedings in determining claims.

Judgment :

BISWAROOP CHOWDHUR, J.

This application is filed by the applicant/intervener praying for the following reliefs:

a) Condone the delay if any;

b) The applicant be impleaded as party defendant to the instant suit;

c) Upon impleading the applicant as party defendant to the instant suit, the department of this Hon’ble Court be directed to carry out necessary amendments in the cause title of the plaint filed in the instant suit, within such period as this Hon’ble Court may deem fit and proper.

d) Upon impleading the applicant as party defendant to the instant suit and amendments in the cause title of the Plaint filed in the instant suit within such period leave be granted to the applicant to file a written statement in the instant suit.

e) Stay of all proceedings in the present suit till the disposal of the instant application.

f) Ad interim orders in terms of prayer (e).

g) Such further order and/or orders and/or direction and/or directions as deem fit and proper.

2. It is the contention of the applicant that on 27-01-2024 one Shyam Sundar Sarawgi son of Late Hemant Sarawgi died testated. The deceased prior to his death on 26-09-2023 made and published his Last Will and Testament in English Language. The deceased was settler of a Trust namely Jain Seba Mondal Trust and the petitioner was/is president of trust. After demise of Shyamsundar Sarawgi and after knowing his Last Will and Testament the applicant filed an application for grant of probate before this Court being PLA No. 415 of 2024. It is further contended that the petitioner found some documents lying on the table of the deceased. After going through the documents the petitioner came to know that Shyamsundar Sarawgi (since deceased) had filed an application being GA. No-14 of 2022 before this Court in the instant suit being C.S. No. 136 of 2010 for addition of party. By order dated 28th February 2022 a co-ordinate Bench of this Court was pleased to pass an order granting liberty to Shyamsundar Sarawgi (since Deceased) to file an application in accordance with law.

3. An application earlier being GA No-14 of 2022 for addition of party was filed by Shyamsundar Sarawgi by contending that it is an admitted fact that 2/3rd share in ‘Modi Garden’ belongs to Shyamsundar Sarawgi the applicant. The said property was purchased by the grandfather of Shyamsundar Sarawgi in the year 1967. On 21.11.2024, the application GA 14/2022 was dismissed for default. It is also contended by the applicant that the plaintiff and the Defendants are not the sole and absolute owners to the Landed Property being ‘Modi Garden’ as mentioned in serial No. a) of Schedule C appended to and/or being a part of the plaint in the instant suit, thus applicants is necessary party in the suit.

4. This application is opposed by the plaintiff by filing affidavit in opposition.

5. It is contended that the alleged predecessor of the applicant being Shyamsundar Sarawgi and also the applicant are imposter. It is also contended that the purported transactions in favour of Babulal Sarawgi was a Sham transaction, however owing to the existence of the said deed in favour of Babulal Sarwagi whereby and whereunder purported 2/3rd share in the Jasidih property was transferred in favour of Babulal Sarawgi the legal heirs of the said Babulal Sarawgi were added as party in the suit being defendant nos. 16 to 20 pursuant to order dated 10th March 2010. It is also contended that deed of sale which was prod