Petitioner challenged the impleadment of an intervener in a partition suit where defendants had previously admitted the intervener's death. The High Court quashed the lower court order, holding impleadment at the argument stage unsustainable and unaccountable for delay.
The order impleading the intervener Gamlawati Devi as defendant to the suit is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5349 of 2015
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Pahwari Rai, son of Late Jagannath Rai, resident of Village - Gulariya, P.O.Khaira Tola, P.S.- Bhitaha, District - West Champaran.
| ... ... Petitioner Versus |
|---|
| 1. Suresh Rai, son of Ramagya Rai |
| 2. Binod Rai |
| 3. Manoj Rai, Both sons of Chandrika Rai. |
| 4. Ajay Rai, son of Ram Chandra Rai. |
| 5. Most. Neelam, wife of Late Subhash Rai. |
| 6. Pintu Rai. |
| 7. Tuntun Rai. |
| 8. Abhay Rai, all sons of Late Subhash Rai. All are resident of Village - Gulariya, P.O.- Khaira Tola, P.S.- Bhitaha, District - West Champaran. |
| 9. Awadhesh Sahi |
| 10. Umesh Sahi Both sons of Chandradhari Sahi, both resident of Mauza Turpatti, Mahuawa, P.O. & P.S.- Turpatti, District - Kushinagar (U.P.). |
| 11. Ingrawati Devi, daughter of Chandradhari Sahi, wife of Amleshwar Rai, resident of Mauja Mukundpur, P.O.- Taraiya, District - Kushinagar (U.P.). |
| 12. Ramawati Devi, daughter of Chandradhari Sahi, wife of Kamleshwar Rai, Resident of Village - Madhopur. |
| 13. Shobha Devi, daughter of Chandradhari Sahi Resident of Mauza, Diwani, P.O.- Jataha, District - Kushinagar (U.P.). |
| 14. Gorakh Rai, son of Late Radha Rai. |
| 15. Dhelman Rai, son of Late Gorakh Rai, Both resident of village & P.O.- Raja Pakar, P.S.- Turpatti, District - Kushinagar (U.P.). |
| 16. Kailash Gadi, son of Gasai Gadi, resident of Mauza Tumkuha, P.O.- Katahar, P.S.- Dhanha, District - West Champaran. |
| 17. Vishwanath Gadi, son of Sitaram Gadi, resident of Mauza - Khalwa Patti, P.O.- Katahar, P.S.- Dhanha, District - West Champaran. |
| 18. Chandrika Teli, son of Sukhdeo Teli, resident of Village - Khalwa Patti, P.O.- Katahar, P.S.- Dhanha, District - West Champaran. |
| 19. Ramesh Rai, son of Harihar Rai, resident of Village - Gulariya, P.O.- Dhanha, P.S.- Bhitaha, District - West Champaran. |
| 20. Kasi Pandey, son of Baiju Pandey, resident of Mauja - Pali Tola, Gulariya, P.O.- Khaira tola, P.S.- Bhitaha, District - West Champaran. |
| 21. Jivit Kurmi, son of Mangru Kurmi, R/O Mouja - Pali Tola, Gulariya, P.O.- Khaira tola, P.S.- Bhitaha, District - West Champaran. |
| 22. Harilal Kurmi, son of Banki Kurmi, R/O Mouja - Pali Tola, Gulariya, P.O.- Khaira tola, P.S.- Bhitaha, District - West Champaran. |
| 23. Rajesh Kurmi, son of Brij Narain Kurmi, R/O Mouja - Pali Tola, Gulariya, |
| P.O.- Khaira tola, P.S.- Bhitaha, District - West Champaran. |
Patna High Court CWJC No.5349 of 2015 dt.05-12-2018 2/5
... ... Respondents
====================================================== Appearance : For the Petitioner/s : Mr. Dronacharya, Advocate For the Respondent/s : Mr. B.N. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date : 05-12-2018
Plaintiff of Partition Suit No.42 of 2004 has filed this writ application for quashing the order dated 13.02.2015 passed by Subordinate Judge II, Bagaha, West Champaran whereby and whereunder prayer of intervener defendant for impleading her as party to the suit under Order 1 Rule 10(2) of CPC was allowed.
Patna High Court CWJC No.5349 of 2015 dt.05-12-2018 3/5
plaintiff) died about 20 years ago and his wife also died leaving behind four sons and one daughter but his daughter is also dead. Thus, the defendants have admitted that the sister of plaintiff no.1 is dead. The intervener Gamlawati Devi claiming to be sister of plaintiff and daughter of Jagarnath Rai filed a petition for impleading her as party to the suit which was allowed.
Patna High Court CWJC No.5349 of 2015 dt.05-12-2018 4/5
was earlier rejected on 23.07.2009 and after one year of said rejection order, the intervener filed another petition on 28.06.2010. So the impugned order impleading the intervener as party to the suit is not sustainable and is fit to be set aside.
Patna High Court CWJC No.5349 of 2015 dt.05-12-2018 5/5
Devi filed a petition on 29.01.2008 which was rejected on 23.07.2009. After one year of said rejection order, the said Gamlawati Devi again filed a petition on 28.06.2010. The plaintiff filed rejoinder denying the claim of intervener. The learned counsel for the respondents does not dispute the submission made in the written statement as regards death of Gamlawati Devi. The learned court below has overlooked the statement of defendants given in the written statement. The plaintiff has impleaded the husband and son of said Gamlawati Devi as party to the suit. The sale deed with respect to suit property has been executed during the pendency of suit at the fag end of trial when the case was fixed for argument. The impleadment of intervener at this stage would certainly prolong the disposal of the suit.
(Sanjay Kumar, J)
Harish/-
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| Uploading Date | 11.12.2018 |
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2 issues framed by the court
Whether the impleadment of an intervener as a defendant to the suit at the stage of argument is sustainable given the defendants had admitted her death in their written statement.
Whether the High Court should allow the writ application quashing the order impleading the intervener.
1 provisions across 1 enactments
Pahwari Rai
Suresh Rai and Others
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
