Petitioner challenged the Trial Court's order allowing defendants to be transposed as plaintiffs under Order 22 Rule 10 CPC after original plaintiff's death. High Court held no error as heirs did not claim right to sue and dismissed the application.
Application dismissed; original order remaining operative.
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 MISCELLANEOUS JURISDICTION No.170 of 2019
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Ghoshpal Prasad Ray @ Ghoshpal Ray S/o Late Lorik Prasad Ray Resident of Village-Yadurampur,P.S. Dariyapur, Dist.-Saran
Dist.-Saran
Dariyapur,Dist.-Saran
Patna High Court C.Misc. No.170 of 2019 dt.12-04-2019 2/5
From 23 to 25 are sons of late Jugeshwar Ray
Both 26 to 27 are daughters of late Jugeshwar Ray
From 21 to 28 are resident of Village-Yadurampur, P.S. Dariyapur, Dist.-Saran
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Anil Kumar Maharaj, Advocate For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT
Date : 12-04-2019
This application under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order 24.09.2018 passed by the learned Sub Judge, Sonepur, Saran in Title Suit No. 272 of 2010 whereby an application filed by the respondents-1st set (defendants 1st Set) dated 28.05.2018 under Order 22 Rule 10 read with Section 151 of the Code of Civil Procedure ( for short 'C.P.C.') has been
Patna High Court C.Misc. No.170 of 2019 dt.12-04-2019 3/5
allowed and the defendant 1st set has been directed to be transposed as plaintiffs.
Patna High Court C.Misc. No.170 of 2019 dt.12-04-2019 4/5
died but his heirs or legal representatives did not file any application before the court that right to sue servives and they want to be impleaded as party. In absence of any application from the heirs and legal representatives of the original plaintiff, the defendants 1st set filed an application before the trial court that they have already purchased the suit land through registered deed from the original plaintiff and, thus, they be transposed as plaintiffs. The said application filed by the defendants-1st set was allowed vide impugned order dated 24.09.2018 passed by the trial court.
Patna High Court C.Misc. No.170 of 2019 dt.12-04-2019 5/5
(Ashwani Kumar Singh, J)
Md. S/SKSuman.
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 18.04.2019 |
| Transmission Date |
3 issues framed by the court
Whether the High Court should interfere with the Trial Court's order allowing defendants to be transposed as plaintiffs after the death of the original plaintiff.
Whether the non-impleadment of the original plaintiff's legal heirs was erroneous in law.
Whether Order 22 Rule 10 CPC applies to permit continuance of the suit by the transferee without leave of the court when heirs choose not to continue.
4 provisions across 2 enactments
Ghoshpal Prasad Ray
Sudama Ray
Phulpati Devi
Santosh Ray
Chandan Kumar
Dilip Kumar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
