IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1221 of 2018

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1. Bhim Singh, son of Late Vishwanath Singh, resident of Village-

Amsari, P.S. Dumrao, District- Buxar.

.... .... Petitioner

Versus

1. Gopal Singh son of Late Raman Singh resident of Amsari, P.S.-

Dumraon, District- Buxar.

2. Shashi Bhusan Singh

3. Arjun Singh

4. Munna Singh, Rspondent no- 2 to 4 are sons of Ramashish Singh

resident of Village- Ampari, P.S.- Dumrav, District- Buxar.

5. Rama Shankar Singh, S/o Late Gupteshwar Singh, resident of Village-

Ampari, P.S.- Dumrao, District- Buxar.

6. Most. Rajeshwari Kuwar, W/o- Late Saryu Singh, resident of Village-

Ampari, P.S.- Dumrao, District- Buxar.

7. Vishwanath Singh S/o Late Parshuram Singh, resident of Village-

Ampari, P.S.- Dumrao, District- Buxar.

8. Parasnath Singh

9. Rajnarayan Singh, Respondent no- 8 and 9 are S/o Late Ram Dular

Singh

10. Varisht Muni Singh S/o Late Ram Dular Singh

11. Tape Narayan Singh S/o Krishna Singh

12. Vijay Kumar Kamkar S/o Late Basgeet Kamkar

13. Atib Rajodevi, W/o Late Shri Krishna Singh

14. Sunil Singh S/o Late Shri Krishna Singh, Respondent No- 8 to 14 are

resident of Village- Nokhpur Aamsari, P.S.- Dumrao, District- Buxar.

.... .... Respondents

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Appearance :

For the Appellant/s : Mr. Sumeet Kumar Singh

For the Respondent/s : Mr.

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA

ORAL ORDER

2

23-08-2018

Heard learned counsel for the petitioner.

The petitioner filed this civil miscellaneous petition

against the order dated 20.04.2018 and 21.05.2018 passed by Sub-

Judge-I, Dumraon, Buxar in Title Suit No.177 of 2011 by which

the orders dated 12.06.2017 and 03.08.2017 passed by learned

court has been recalled by which defendant no.13, the petitioner

Patna High Court C.Misc. No.1221 of 2018 (2) dt.23-08-2018

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was transposed as plaintiff.

Learned counsel for the petitioner submits that Gopal

Singh filed title suit for a partition of the family property and

Gopal Singh claimed 1/8 share in the property mentioned in

Schedule 1 of the plaint. The defendant no.6 of the suit is father of

the present petitioner and he filed W.S. and stated that a Vasiyat

was executed by Dewarta Kuar @ Kevrato Kuar to Nirmala Singh.

The petitioner also appeared in the suit and filed petition for

transposition as plaintiff in the suit since the plaintiff was not

taking interest. The leaned Sub-Judge allowed the petition of the

petitioner but thereafter by the impugned order, the order of

transposing the petitioner as plaintiff was recalled.

I find no illegality in the order impunged as since the

plaintiff has already been pursuing the suit and in view of this fact

the order transposing the defendant no.13, the petitioner as

plaintiff has rightly been recalled.

Having considered the facts aforesaid, I do not find any

merit in the civil miscellaneous petition. Accordingly, the same is

dismissed.

Amit/-

(Prabhat Kumar Jha, J)

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