The Patna High Court dismissed an appeal against an order from the Sub-Judge at Vaishali which allowed a plaintiff to amend his partition suit petition to implead his sisters as necessary parties, holding the lower court was right.
Civil miscellaneous petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1956 of 2017
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Vindeshwar Sah, Son of Late Munshi Sah @ Munshi Lal Sah, Resident of Mohalla- Imadpur Mithapur, P.O.- Pastara, P.S.- Baligaon, Dist.- Vaishali.
... ... Defendant-Petitioner
Versus
... ... Defendants-Defendants 4th Party
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Appearance :
For the Appellant/s : Mr.Sunil Kumar For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner has filed this civil miscellaneous petition against the order dated 24.08.2017, passed by the learned Sub-Judge-VIII, Vaishali at Hajipur in Partition Suit No.557 of 2009 by which the amendment petition of the plaintiff for adding his sisters as defendants in the suit has been allowed on payment of cost of Rs.1500/-.
Patna High Court C.Misc. No.1956 of 2017(2) dt.20-12-2018 2/2
Learned counsel for the petitioner submits that the plaintiff time and again filed amendment petition and the same was allowed. This is the third time, the plaintiff filed amendment petition for impleading his sisters as defendants in the suit and the same was also allowed.
I find that the plaintiff filed the partition suit but he could not implead his sisters as defendants. Sisters of the plaintiff are necessary parties and the learned court below has rightly allowed the amendment petition of the plaintiff for impleading his sisters as defendants in the suit.
Accordingly, I do not find any merit in this civil miscellaneous petition and the same is dismissed.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U
1 issue framed by the court
Whether an amendment petition allowing the plaintiff to implead his sisters as defendants in a partition suit warrants interference in the dismissed appeal.
Colour shows how this judgement treated each authority
nullReferred
1 provisions across 1 enactments
Vindeshwar Sah
Chandeshwar Sah
Phuljhari Devi
Sitaram Sah
Mahesh Sah
Kedar Chaudhari
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
