Master Anurag Kumar and 4 Ors. v. Canara Bank And 8 Ors.
Case brief
What is this about?
This order allowed an application for impleadment of three persons as respondents in an appeal. The court permitted their addition as subsequent purchasers of the subject property and directed the amendment of the party array and service by newspaper publication.
What did the court decide?
Impleadment application allowed; order respondent to amend party array within one week and issue notices via newspaper publication.
What the court decided
Appeal Dy. No. 51/2021 Date: 14.03.2023
Master Anurag Kumar and Ors. Vs. Canara Bank & Ors.
Present: Shri Ashok Pandey, counsel for the appellants, Shri S. K. Srivastava, counsel for the respondent-Bank, Shri M. K. Srivastava, counsel for the respondent no. 3- Auction Purchaser,
Heard the learned counsel for the appellant on the I.A. No. 88/2023, which is impleadment application for impleading the Rani Kumari, W/o Rajesh Kumar, R/o Kanhaiya Nagar Khoja Imli, Phulwari Sharif, P.S. Phulwari Sharif, Patna, Kalindi Prabha, W/o Brij Kishore Narayan, R/o Bukaro, Jharkhand and Sunil Kumar, S/o Late Ishwar Chaudhary, R/o Amber Sherwana Bihar Sharif Nalanda as respondent nos. 7, 8 and 9 in the appeal. It is contended that during the pendency of the present appeal and inspite of order of this court dated 08.04.2021, by which the direction was issued to the parties not to create third party rights, the respondent no. 4 had sold the part of the plot no. 1380 through registered sale deed dated 25.05.2022, 04.06.2022 and 05.07.2022 to the aforesaid persons, therefore, it is necessary to implead the subsequent purchasers as party in the present appeal.
Learned counsel for the respondent-Bank has no objection to the impleadment application.
In view of the above, the application for impleadment is allowed. Let the necessary amendment be made in the array of party within a week. If such amendment is made, notices be issued to the newly added respondents through publication in the newspaper having wide circulation in the area. Affidavit of service along with proof of publication be filed by the next date.
Learned counsel for the respondent-Bank submits that the reply is ready and the same shall be filed within a week.
Issues for consideration
1 issue framed by the court
Whether the application for impleadment of subsequent purchasers of the disputed plot should be allowed.
Parties & counsel
- appellant
Master Anurag Kumar and Ors.
- respondent
Canara Bank & Ors.
- applicant
Rani Kumari
- applicant
Kalindi Prabha
- applicant
Sunil Kumar
Case details
As recorded by the court registry
All orders in this case
12 orders share this CNR
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