Patna High Court - Orders
Rana Uday Pratap Singh @ Bithu Singh vs Raj Kumar Singh & Ors on 29 July, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.126 of 2009
RANA UDAY PRATAP SINGH @ BITHU SINGH
Versus
RAJ KUMAR SINGH & ORS
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08/ 29.07.2009I.A. No. 4419 of 2009 has been filed on 21.07.2009 on behalf of the petitioner for expunging the names of opposite parties 6,7 and 8 and for substituting the heirs of opposite party no.8.
It is stated that opposite party no.6 Mostt. Mujkha Devi died on 12.10.2007 leaving behind her son as her only heir and legal representative, who is already on record as opposite party no.5 of the civil revision.
It is further stated that opposite party no.7 Mostt. Munna Devi died on 26.04.2007 leaving behind her son as her heir and legal representative, who is already on record as opposite party no.8 of the civil revision.
It is also stated that Opposite party no.8 Navin Singh died on 30.04.2007 leaving behind a widow and a son as his heirs and legal representatives fully detailed in paragraph no.2 of the interlocutory application.
In the aforesaid facts and circumstances, I.A. No. 4419 of 2009 is allowed. Let the names of opposite parties no. 6 and 7 be expunged and the heirs of opposite party no.8 as mentioned above be substituted in his place.
Issue notice to the newly substituted opposite parties in admission matter of this civil revision by ordinary process, for which, Talbana etc. must be filed within one week, failing which, 2 this civil revision, as against them, shall stand rejected without further reference to a Bench.
I.A. No. 4418 of 2009 has been filed on behalf of the petitioner for stay of further proceeding of Title Suit No. 444 of 2002 pending before the learned Civil Judge-I, ( Senior Division), Vaishali at Hajipur.
The instant civil revision has been filed by the petitioner against order dated 18.11.2008, by which learned Civil Judge-I, ( Senior Division), Vaishali at Hajipur rejected his intervention application dated 29.09.2008 refusing to implead him as a party to the suit bearing Title Suit No. 444 of 2002.
The aforesaid suit was filed by the sole plaintiff- opposite party no.1 for declaration that in the compromise decree dated 06.10.1978 passed in Title Suit No. 345 of 1973 (76 of 1976); plot no. 12 having an area of 16 decimals has been wrongly recorded in Schedule II of the defendants and that his share should be 8 decimals from south and that similarly plots no.217 and 146 were wrongly recorded in the plaintiff's schedule rather it should have been recorded as plot no.12.
In the said suit, defendants appeared and filed their written statement, whereafter issues were framed and evidence of the parties started and the evidence of the plaintiff concluded, whereafter, the evidence of the defendants has already started and some witnesses have also been examined.
It transpires that at this stage the petitioner filed an 3 application dated 29.09.2008 in the suit for being impleaded as intervenor-defendant for contesting the suit on the basis of Atainama dated 28.11.1987, which, according to him, was executed by Mangaldeep Singh, who was a party to the earlier suit., which was decreed on compromise on 06.10.1978.
It, prima-facie, appears that the plaintiff being dominus litus has not sought any relief against the petitioner and had only filed Title Suit No. 444 of 2002 for modification of the compromise decree in the earlier suit, namely, Title Suit No. 345 of 1973 (76 of 1976), in which the petitioner was not a party rather only Mangaldeep Singh was a party. In the instant suit, bearing T.S. No. 444 of 2002 the widow of Mangaldeep Singh has already been impleaded as one of the defendants first party. Furthermore, the suit being clearly in the nature of a declaratory suit with respect to the earlier suit, there appears to be no prima-face case of the petitioner for being impleaded as a party to the subsequent suit.
In the said circumstances, no prima-facie case of the petitioner having been found, the aforesaid interlocutory application bearing I.A. No. 4418 of 2009 is dismissed.
MPS/ ( S. N. Hussain, J. )