Jharkhand High Court
Manjeet Nandi vs Kartik Nandi on 24 January, 2023
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1118 of 2018
1. Manjeet Nandi
2. Sunil Nandi
3. Anil Nandi -Petitioners
Versus
1. Kartik Nandi
2. Sapan Nandi
3. Arpita Nandi
4. Sonai Nandi
5. Amit Nandi
6. Sunit Nandi
7. Sujit Nandi
8. Gourango Nandi
9. Amit Nandi
10. Shankar Nandi
11. Satyajit Nandi --Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. A. K. Das, Advocate
For the Respondents : Mr. Anjani Kumar, Advocate
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10/24.01.2023 Heard learned counsel for the parties.
2. The present writ petition has been filed for quashing the order dated 16.01.2018 (Annexure 2 series) passed by learned Civil Judge (Sr. Division)-I, Chaibasa in Original Suit No. 20 of 2016 rejecting the application filed by the petitioner under Order IX, Rule 7 read with Section 151 of Code of Civil Procedure, whereby the prayer has been made to recall the order dated 18.04.2017, wherein it has been ordered to proceed ex parte. It appears that a partition suit being Original Suit No. 20 of 2016 has been filed by the present respondent no. 1. Notice has been issued to the present petitioner, but he has not appeared. Accordingly, the order has been passed to proceed ex parte vide order dated 18.04.2017. For setting aside the said order, the application has been filed which has been rejected vide order dated 16.01.2018 and this order has been impugned in the present writ petition.
3. Learned counsel for the respondents has not objected the prayer of the present petitioner. Since it is a matter of partition, all the parties are necessary parties. In the interest of justice, the impugned order dated 16.01.2018 and the impugned order dated 18.04.2017 are hereby set aside, 2. subject to payment of Rs. 1,500/- in favour of Advocate's Clerk Association, Jharkhand.
4. With the above observations/directions, the present writ petition stands allowed.
(Rajesh Kumar, J) jk/