WP(C) No.961 of 2010

22.2.2016

By this application under Article 227 of the Constitution of India, challenge

is made to the order dated 23.12.2009 passed by the learned Civil Judge (Senior Division), Par

alakhemundi in C.S. No.74 of 2006, whereby and whereunder the learned trial court rejected the

application of the defendants-petitioners under Order 1 Rule 10 CPC.

Opposite party as plaintiff instituted a suit for partition. Pursuant to issua

nce of summons, defendants entered appearance and filed written statement. While the matter st

ood thus, defendants filed an application under Order 1 Rule 10 CPC to implead the daughters o

f the family as parties. It is stated that the suit has been filed for partition of Schedule A

to D properties. The plaintiff is the wife of P. Jogeswar Rao. P. Jogeswar Rao is the son of

defendant no.1. The sisters of her husband have not been impleaded as parties. Plaintiff filed

an objection to the said petition contending that the plaintiff has specifically stated that

the property described in Schedule-A was exclusively acquired out of the income of her husband

and defendant no.2. It is not the joint family properties of the parties. The sisters are not

necessary parties to the suit. It is further stated that Schedule B and C properties have bee

n purchased with the funds of her husband and defendants no.2. Therefore, the sisters of defe

ndant no.2 are not necessary parties to the suit. Learned trial court came to hold that the p

laintiff has asserted that the suit properties were purchased out of the income of the husband

of the plaintiff and the defendant no.2. So she prayed for the share of her husband in such p

roperties. It is not the case of the plaintiff that the properties were acquired from out of t

he joint family funds or the same are the ancestral properties. Thus the sisters of defendant

no.2 and her husband are not required to be made parties to the suit.

The view taken by the learned trial court cannot be said to be perfunctory or

flawed. In view of the same, the petition is dismissed. The learned trial court is directed to

conclude the hearing of the suit by end of June, 2016.

..

Dr.A.K.Rath,J

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