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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Punit Gope, s/o Late Churaman Gope and Ors. – Petitioners
Versus
Most Chundari @ Most. Goura, d/o late Hupali Gope & w/o late Kamal Gope and Ors. – Respondents
C.M.P. No. 603 of 2024
Decided On : 11-03-2025
| Table of Content |
|---|
| 1. jurisdiction under article 227 for review of order. (Para 1 , 2) |
| 2. necessity of parties in partition suit. (Para 3 , 4 , 5) |
| 3. court's analysis on pending pleader commissioner report. (Para 6) |
| 4. disposal of petition with future liberty for contention. (Para 7) |
JUDGMENT :
(Sanjay Kumar Dwivedi, J.)
Heard Mr. Pratyush Kumar, learned counsel appearing for the petitioners and Mr. Sudhir Kumar Sharma, learned counsel appearing for the O.P. Nos. 1 to 5, who are the contesting opposite parties.
2. This petition has been filed under Article 227 of the Constitution of India, wherein prayer has been made for setting aside the order dated 14.06.2024, passed in Partition Suit No. 11 of 1989 by the learned Civil Judge (Sr. Div.)-I, Hazaribag, whereby, the learned court has been pleased to allow the petition which has been filed for objecting the preparation of the final decree on the ground that the purchasers of the part of the land of the suit property were not made the parties in the suit.
3. Mr. Pratyush Kumar, learned counsel appearing for the petitioners/defendants submits that the suit property was sold to certain persons, but those persons have not been made party, in view of that the objection has been made and the learned court has been pleased to dispose of the prayer saying that after the Pleader Commissioner Report, that can be considered. He relied in the case of Dhanalakshmi & Ors. Versus P. Mohan & Ors., reported in (2007) 10 SCC 719.
4. Relying on the above judgment, he submits that the purchasers are the necessary parties and the learned court has wrongly passed the said order.
5. Mr. Sharma, learned counsel appearing for the O.P. Nos. 1 to 5 submits that the learned court has protected the right of the petitioners and rightly said that upon the Pleader Commissioner Report, the same will be considered.
6. In view of the above, the court finds that the learned court has disposed of the petition of the petitioners/defendants saying that once the Pleader Commissioner Report will be there, the contention raised by the petitioners/defendants can be decided. In view of that the learned court has protected the right of the petitioners/defendants and further it has been pointed out the Pleader Commissioner Report has not been submitted as yet.
7. As such, this petition is disposed of with the liberty to the petitioners/defendants that after submission of the Pleader Commissioner Report, they may contend the same before the learned court.
AI
The necessity of including all necessary parties in a partition suit is essential, and issues can be addressed appropriately following a Pleader Commissioner Report.
A party not seeking relief cannot be compelled to add a stranger to the suit, affirming the plaintiff's discretion in litigation under the Code of Civil Procedure.
Judicial and quasi-judicial authorities must provide reasons for their decisions to ensure transparency, accountability, and adherence to principles of natural justice.
The court affirmed that final decree proceedings under the Partition Act must adhere to clear judicial directives and allowed parties the right to participate in property auction sales as mandated by....
A necessary party is one without whom no effective decree can be passed; a plaintiff has the discretion to choose parties in a suit.
The court upheld the validity of prior property rights and found no illegality in the lower court's order concerning the exclusion of the petitioner's share in the final decree proceedings.
The main legal point established in the judgment is that the court has the power to allow amendments to the plaint to prevent the inexecutability of a partition decree.
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