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2017 Supreme(Jhk) 446

RAJESH SHANKAR
Vinod Kumar Singh, son of Late Jaleshwar Prasad Singh – Appellant
Versus
Kedar Nath Singh, son of Late Satya Narayan Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjay Prasad Advocate
For the Respondents:Mr. Lukesh Kumar, Advocate

JUDGMENT :

1. Heard the learned counsel for the parties.

2. The present writ petition has been filed for quashing the order dated 28.09.2010 passed by Sub-Judge-I, Dhanbad in Title (P) Suit No. 137 of 2003, whereby the application filed by the respondent nos. 17 to 21 under Order I Rule 10(2) of Code of Civil Procedure (hereinafter referred to as “CPC”) for addition of parties has been allowed.

3. The factual matrix of the case is that the father of the petitioner namely, Jaleshwar Prasad Singh and Kedar Nath Singh (defendant no. 1/respondent no. 1) had purchased a land by way of registered sale-deed dated 30.10.1964. The father of the petitioner died leaving behind the petitioner and his mother. The petitioner filed a suit for partition of land being Title (Partition) Suit No. 137 of 2003, wherein the respondent no. 1 appeared and filed written statement alleging therein that though the suit property was purchased jointly, the petitioner has extinguished his right. Thereafter, the issues were framed and the suit was fixed for hearing. In the meantime, the respondent nos. 17 to 21 filed a petition under Order I Rule 10(2) CPC for making them parties in the suit claiming therein that t










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