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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Dinesh Prasad Yadav S/o Late Mangru Mahto – Appellant
Versus
Jhaksu Mahto S/o Late Aghnu Mahto – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Arvind Kumar Choudhary, learned counsel appearing for the petitioners.
2. Notice upon opposite parties has been validly served and with a view to provide one more opportunity to them, the matter was adjourned on 06.03.2025, in spite of that nobody has responded on behalf of the opposite parties on repeated calls, that’s why, this petition is being heard in absence of opposite parties.
3. This petition has been filed under Article 227 of the Constitution of India, wherein prayer has been made for setting aside the order dated 29.07.2022, passed in Original Suit No. 275 of 2014, by the learned Civil Judge (Sr. Div.)-IX, Deoghar, whereby, the petition filed under Order-I Rule-10 of the CPC to intervene in the matter on behalf of defendant Nos. 3 to 5 has been allowed by the learned court.
4. Learned counsel appearing for the petitioner submits that the learned court has wrongly allowed the said petition saying that the opposite parties herein are the co-parcener of the property in question. He submits that the said petition was filed on the strength that they have been adopted by one Kewalashi Mahtowain. He further submits that the said adop
Reinstatement of legal principles concerning intervention in property disputes, emphasizing the validity of prior rulings regarding adoption. Court protects parties' rights by ensuring proper judicia....
The High Court affirmed that plaintiffs carry the burden to prove their case and reiterated the importance of timely and supported evidence in procedural matters.
The court upheld the validity of a registered adoption deed, affirming the rights of the adopted son to property, and found no grounds for interfering with the trial court's interim order.
Procedural rules must be interpreted liberally to facilitate justice, allowing for substitutions in cases of death even if not filed under the correct provision, asserting intent over strict technica....
A plaint that lacks a valid cause of action and is clearly an abuse of process may be dismissed summarily under Order VII Rule 11 of the CPC to prevent unnecessary litigation.
The court emphasized judicial discretion under Order I Rule 10(2) to implead necessary parties, prioritizing justice over technicalities and avoiding nullity in proceedings.
Adoption – Ceremony of adoption may vary depending upon circumstances of each case, but for a valid adoption there has to be ceremony of giving and taking of child in adoption.
The main legal point established in the judgment is that the amendment under Order VI Rule 17 of the CPC should be allowed if substantially required for the ends of justice, and the limited scope of ....
The main legal point established in the judgment is that a party must have locus standi and a valid cause of action to challenge a decree, and mere formal pleading of fraud without any locus standi d....
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