Pikesh Kumar v. Ranjit Pal
Case brief
What is this about?
Order I Rule 10(2) Civil Procedure Code; deletion of defendants from plaint; Title Suit No. 29 of 2018 for 1/3rd share among co-parceners before Sub-Judge II, Sherghati, Gaya; prior adjudication of same defendants' claim in Title Suit No. 282 of 2015/101 of 2008 (ex-parte judgment dated 20.04.2016); Miscellaneous Case No. 13 of 2023 pending before Sub-Judge I, Sherghati; gift deed by Ram Ratni Devi wife of Jageshwar Singh in favour of defendants 8 to 12; no illegality in deletion where claim sub judice elsewhere; transfer of parallel suits to the same Court to avoid conflicting judgments; C.Misc. No. 1233 of 2023 dismissed by Patna High Court.
What did the court decide?
Since the claim of defendant nos. 8 to 12, whose names were deleted by the impugned order, is still sub-judice before a competent Court at Sherghati, Gaya, there is no illegality or impropriety in their deletion from Title Suit No. 29 of 2018.