Jharkhand High Court
Ashim Kumar Dawn vs Ashis Baran Dawn on 14 August, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:23979
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 391 of 2023
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Ashim Kumar Dawn, son of Late Ajit Kumar Dawn, resident of Mohalla Castair Town, G.D.D.A.V. Public School Road, Deoghar, P.O. & P.S. Deoghar Town, District Deoghar .... .... .... Petitioner Versus
1. Ashis Baran Dawn
2. Amit Kumar Dawn Both sons of late Ajit Kumar Dawn, residents of S.B. Goarai Road, near S.D. Hospital, P.O. & P.S. Asansol, District Burdwan (West Bengal)
3. Prabhakar Jha, resident of Bambam Baba Brahmchari Path, P.O. & P.S. Deoghar Town, District Deoghar
4. Poonam Jha, daughter of Moti Nand Jha and wife of Dhrub Chand Jha, resident of S.B. Roy Road, Lohabari, P.O. & P.S. Deoghar Town, District Deoghar
5. Ajay Narayan Mishra, son of Paramhansh Mishra, resident of Bambam Baba Brahmchari Path, P.O. & P.S. Deoghar Town, District Deoghar
6. Damodar Narone, son of Late Sidheshwari Narone, resident of Shittal Mallick Road, Bilasi Town, P.O. & P.S. Deoghar Town, District Deoghar
7. Chandan Kumar Narone, son of Damodar Narone, resident of Shittal Mallick Road, Bilasi Town, P.O. & P.S. Deoghar Town, District Deoghar
8. Kudan Kumar Narone, son of Damodar Narone, resident of Shittal Mallick Road, Bilasi Town, P.O. & P.S. Deoghar Town, District Deoghar
9. Chandan Jha, daughter of Gorachand Pandit, wife of Prabhakar Jha, resident of Bambam Baba Brahmchari Path, P.O. & P.S. Deoghar Town, District Deoghar
10. Ginni Devi, wife of Damodar Narone, resident of Shittal Mallick Road, Bilasi Town, P.O. & P.S. Deoghar Town, District Deoghar
11. Kumar Rajat, son of Dhrub Chandra Jha, resident of S.B. Roy Road, Lohabari, P.O. & P.S. Deoghar Town, District Deoghar
12. Nikhil Kumar, son of Dhrub Chandra Jha, resident of S.B. Roy Road, Lohabari, P.O. & P.S. Deoghar Town, District Deoghar
13. Ratna Devi @ Ratna Mishra, wife of Ajay Narayan Mishra, resident of Bambam Baba Brahmchari Path, P.O. & P.S. Deoghar Town, District Deoghar
14. Smt. Manju Reza, wife of Ashit Reza, resident of Village Nribhaypur, P.O. & P.S. Arambag, District Hooghly (West Bengal)
15. Bulu Samanta, wife of Aboni Mohan Samanta, resident of Bajepratapur, P.O. & P.S. Burdwan (West Bengal) .... .... .... Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Ankit Kumar, Advocate For the O.P. Nos.3-11,13 : Mr. Arvind Kumar Choudhary, Advocate Order No.09 / Dated : 14.08.2025 Plaintiff is the petitioner and is aggrieved by the order dated 17.12.2022 passed under Order I, Rule 10 of the CPC by which transferee pendente lite purchasers have been impleaded as parties.
2025:JHHC:23979
2. It is submitted by the learned counsel on behalf of petitioner that the suit is for partition of the joint family property, in which the intervener applicant is not a necessary party. He has a remedy only after the partition suit is decided to get his share in the final decree proceeding. Further, the order is hit by Section 52 of Transfer of Property Act.
3. Learned counsel for the intervener defendants relies on the ratio Amit Kumar Shaw & Another v. Farida Khatoon & Another, (2005) 11 SCC 403, wherein it has been held that transferee pendente lite can be impleaded in a partition suit.
4. Having considered the submissions advanced on behalf of both sides, I do not find any infirmity in the impugned order for the reason that if the intervener defendants are not impleaded as parties, they will have to file a fresh suit for demarcation of their share which will lead to multiplicity of the proceeding. In view of the ratio laid down by the Apex Court, I do not find that the discretion exercised by the learned trial Court suffers from any infirmity.
Civil Miscellaneous Petition stands dismissed. Pending Interlocutory Application, if any, is disposed of.
(Gautam Kumar Choudhary, J.) Anit