Allowed

Arup Kumar Bose v. Smt.Anita Bose @ Jharna Bose

Patna HC23 Nov 2023CWJC/2360/2011

Case brief

AI extract

What is this about?

This order allows an application under Order 1 Rule 10 and Section 151 CPC to add a party, citing the interest of justice given the case was near judgment. The High Court directs the lower court to decide the 1989 suit within two months, warns against unnecessary adjournments, and requires regular status reports.

What did the court decide?

Application to add party allowed; suit directed to be disposed within two months.

Arup Kumar Bose Vs Smt.Anita Bose @ Jharna Bose — Civil Procedure and Limitation | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2360 of 2011

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ARUP KUMAR BOSE Son Of Late Amulya Kumar Resident Of VillageKhirood Bhawan Mohalla Kalyani In The Town Of Muzaffarpur PsMithanpura, Distt-Muzaffarpur.

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... ... Petitioner/s

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Versus

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SMT.ANITA BOSE @ JHARNA BOSE Son Of Amulya Kumar Bose Resident Of Village-Khirdoda Lodge Club,Road,Muzaffarpur-2.

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Anup Kumar Bose Son Of Late Amulya Kumar Bose Resident Of VillageSur-Sudha Apartment,Boring Canal Road,Patna.

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Smt.Anita Verma Wife Of Shri Purushottam Prasad Verma Resident Of Village-Bellughat,Police Station Town,District-Muzaffarpur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Shyam Sunder Pandey For the Respondent/s : None ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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22 23-11-2023

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Heard learned counsel for the petitioner. None appears

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for the respondents.

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The petitioner is aggrieved by the impugned order dated 20.06.2007 by which an application under Order 1 Rule 10 of the CPC read with Section 151 CPC has been allowed by the Court below.

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The application for addition of party was filed by the respondent No.3 claiming himself to be the purchaser from the plaintiffs. It has further been submitted that in the suit, the evidence of the plaintiff as well as as the defendant has been closed and the case was at the stage of judgment when the intervener appeared and filed an application for addition of party. The respondent No.3 has stated that the plaintiff who has already led

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Patna High Court CWJC No.2360 of 2011(22) dt.23-11-2023 2/2

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his evidence, in my opinion, in the interest of justice, this order is not being interfered with as the respondent No.3 is no more required to lead evidence because he being the purchaser form the plaintiff.

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This application is disposed of with the direction to the Sub Judge-IV, Muzaffarpur to decide the suit after hearing all the parties within two months from the date of communication of this order as the suit is of the year 1989.

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The Court below will not grant unnecessary adjournment to either side. The Court below will not stay the further proceedings that mere filing of any application in this Court. Unless there is specific stay order of this Court, the Court below will proceed with the hearing and decide the suit and communicate and send status report to this Court after two months.

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Let a copy of this order be communicated to District Magistrate, Muzaffarpur forthwith through FAX or e-mail for its compliance.

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(Sandeep Kumar, J)

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sanjeev/-

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Arup Kumar Bose v. Smt.Anita Bose @ Jharna Bose

Case brief

What is this about?

What did the court decide?

Arup Kumar Bose v. Smt.Anita Bose @ Jharna Bose

Case brief

What is this about?

What did the court decide?

What the court decided

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