Allowed

Sima Devi v. Sanjay Kumar and Ors.

Patna HC3 Oct 2023C.Misc./131/2019

Case brief

AI extract

What is this about?

Single-judge order allowing the petitioner's application to be impleaded as a defendant in a title suit. The High Court quashed the Sub Judge's rejection, relying on the plaintiff's statement that the petitioner purchased the suit property.

What did the court decide?

Impugned order quashed; intervention petition allowed; petitioner directed to be added as defendant and permitted to file written statement.

Sima Devi Vs Sanjay Kumar and Ors. — Property and Title | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.131 of 2019

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======================================================

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Sima Devi Wife of Dhiraj Kumar Resident of Village- Makardahi, Police Station- Barauni, Distt. Begusarai.

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... ... Petitioner/s Versus

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Sanjay Kumar and Ors Son of Rajeshwar Prasad Singh Resident of Village - Bagdov, Post Office- Bagdov, Anchal- Matihani Sub Division and Distt. Begusarai.

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Ajay Kumar Bhardwaj Son of Rajeshwar Prasad Singh Resident of Village - Bagdov, Post Office- Bagdov, Anchal- Matihani Sub Division and Distt. Begusarai.

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Vidya Devi Wife of Naresh Mohan Singh Resident of Mohalla- Lohianagar P.S. suhirdnagar, P.S. Nagar Begusarai, Distt. Begusarai.

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Bibha Kumari Wife of Arvind Kumar Singh Resident of Village-Anandpur, Panhas, P.S. suhirdnagar, P.S. Nagar Begusarai, Distt. Begusarai.

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Bandana Kumari Wife of Shravan Kumar Resident of Village- Nakti Tola, Ramdiri, P.S. Matihani, Distt. Begusarai.

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Ram Udgar Singh Son of Jarula Singh Reisdent of Village- Machaha, Post Office-Ulao, P.S. Muffasil, Distt. Begusarai.

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Mukesh Kumar Son of late Ram Shrestha Singh Reisdent of VillageMachaha, Post Office-Ulao, P.S. Muffasil, Distt. Begusarai.

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Rajiv Kumar Son of late Ram Shrestha Singh Reisdent of Village- Machaha, Post Office-Ulao, P.S. Muffasil, Distt. Begusarai.

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Sanjeev Kumar Son of late Ram Shrestha Singh Reisdent of VillageMachaha, Post Office-Ulao, P.S. Muffasil, Distt. Begusarai.

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Ram Babu Singh Son of late Adhik lal Singh Resident of Village- Machaha, Post Office- Ulao, P.S. Muffasil, Distt. Begusarai.

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Mahesh Prasad Singh Son of late Adhik Lal Singh Resident of VillageMachaha, P.S. Ulao, P.S. Muffasil, Distt. Begusarai.

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Abhishek Kumar Son of late Shyam Kishor Singh Resident of VillageMachaha, P.S. Ulao, P.S. Muffasil, Distt. Begusarai.

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13.	Avinash Kumar Son of late Shyam Kishor Singh Resident of Village- Machaha, P.S. Ulao, P.S. Muffasil, Distt. Begusarai. ... ... Respondent/s ======================================================
	Appearance : For the Petitioner/s : Mr. J. S. Arora, Sr. Advocate Mr. Manoj Kumar, Advocate For the Respondent/s : None ======================================================
	CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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Patna High Court C.Misc. No.131 of 2019(6) dt.03-10-2023 2/3

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6 03-10-2023

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Heard learned senior counsel for the petitioner.

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None appears for the respondents despite service of

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notice.

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The present application has been filed for setting aside the order dated 28.08.2018 passed by the learned Sub Judge-I, Begusarai in Title Suit No. 482 of 2016, by which the learned Judge rejected the application of the petitioner for getting her impleaded as a party. Further prayer of the petitioner is to allow the petition dated 23.12.2017 filed by him under Order I Rule 10(2) of the Code of Civil Procedure for impleading her as a party in the Title Suit.

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By the impugned order, the application dated 23.12.2017 filed by the intervenor- petitioner has been rejected. While rejecting the application, the Court below has held that the intervenor is not a purchaser of the suit property.

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However, Mr. Arora, learned senior counsel for the petitioner has taken to this Court to the statement made in paragraph no. 6 of the plaint, which mentions the name of the intervenor- petitioner as purchaser of 2 katha 2 dhur of land of khata no. 66, survey plot no. 706 at Mahadev Simaria @ Ulao on 30.11.2011.

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In view of the above, the impugned order dated

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Patna High Court C.Misc. No.131 of 2019(6) dt.03-10-2023 3/3

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28.08.2018 is quashed and the intervention petition dated 23.12.2017 filed by the petitioner for impleading her as a party is allowed. The petitioner is directed to be added as defendant in the suit. The petitioner is permitted to file written statement in the suit. Thereafter, the suit will proceed further in accordance with law.

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With the aforesaid observations and directions, this application stands allowed.

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(Sandeep Kumar, J)

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P. Kumar

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Sima Devi v. Sanjay Kumar and Ors.

Case brief

What is this about?

What did the court decide?

Sima Devi v. Sanjay Kumar and Ors.

Case brief

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