The High Court of Judicature at Patna directed the subordinate court to dispose of the petitioner's pending application for impleadment under Order 1 Rule 10 CPC within three months due to inaction spanning over two years.
Direction to the concerned court to dispose the petition for impleadment under Order 1 Rule 10 CPC within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.104 of 2022
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Chandan Kumar Singh Son of Late Kamleshwari Prasad Singh Resident of Mohalla-Shivpur Bhatta Bazar, Behind Bal Bharti School, P.S.-Khazanchi Hat, P.O.-Purnea, District-Purnea, Pin Code-854301 (Bihar).
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Subhen Sarkar For the Respondent/s : ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 21-06-2022 Learned counsel for the petitioner at the outset submits that in the suit filed by the plaintiff / respondent 1st set bearing Title Suit No. 225 of 2002 before the Sub Judge-II,
Patna High Court C.Misc. No.104 of 2022(2) dt.21-06-2022 2/2
Purnea the petitioner filed an application under Order 1 Rule 10 of the C.P.C. for his impleadment on the ground that petitioner has got some substantial interest in the suit property. The suit was filed for declaration of title and for declaration that power of attorney dated 18-06-2002 is null and void.
The petition under Order 1 Rule 10 of the C.P.C. was filed by the petitioner on 06-12-2019 and submission is that the concerned court may be directed to dispose the petition filed by the petitioner for impleadment within a reasonable time frame.
Considering the aforesaid submissions and the fact that petition for impleadment is pending for about more than 02 years, the concerned court is directed to dispose of the petition filed by the petitioner under Order 1 Rule 10 of the C.P.C. in accordance with law within a period of three months.
Accordingly, this civil miscellaneous application is disposed of.
praful/-
(Anil Kumar Sinha, J)
U
2 issues framed by the court
Whether the subordinate court is directed to dispose of the time-barred application for impleadment under Order 1 Rule 10 CPC within three months.
Whether a delay of more than two years in deciding an impleadment petition constitutes a valid ground for directing swift disposal.
1 provisions across 1 enactments
Chandan Kumar Singh
Arbinda Sur
Arunasur Sur
Lakhan Das
Most Inarawati Devi
Runa Devi
Anil Kumar Sinha
As recorded by the court registry
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