In a Civil Miscellaneous Jurisdiction petition, the Patna High Court considered a challenge to an order transposing a party in a partition suit following the death of the original plaintiff. The court dismissed the application, finding no material irregularity in the trial court's decision. Order dismissed.
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.691 of 2018
======================================================
... ... Petitioner/s
Versus
Pradeep Kumar Singh Son of Shri Murli Manohar Singh Residents of Village Gauspur Police Station Dalsingsarai, District- Samastipur.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Amrit Abhijat, Advocate Mr. Pramod Kumar Singh, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
petitioner.
The petitioner is aggrieved by the order dated 18.01.2018 passed by the learned Sub Judge II, Dalsingsarai, Samastipur, in Partition Suit No. 62 of 1999 by which the defendant No. 7 has been transposed as plaintiff in the suit for partition.
Patna High Court C.Misc. No.691 of 2018(6) dt.08-09-2022 2/2
Learned counsel for the petitioner submits that sole plaintiff Indrawati Devi died and on the petition filed by the respondent No. 7, he has been transposed as plaintiff. He further submits that late Indrawati Devi was not having any share in the property.
From perusal of the impugned order, it appears that the prayer of Pradeep Kumar for his transposition has been allowed by the learned Trial Court on the ground that the suit is for partition and every parties has right for partition of the property amongst them.
I do not find any material irregularity in the impugned
order.
Accordingly, this application stands dismissed.
(Anil Kumar Sinha, J)
S.Ali/-
U
1 issue framed by the court
Whether there is any material irregularity in the Sub Court's order transposing the defendant as plaintiff in a partition suit after the death of the sole plaintiff?
Ramatwi Devi and Ors
Pradeep Kumar Singh
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
