Case brief
What is this about?
Patna High Court, C.Misc. No.311 of 2017, S. B. Pd. Singh, J., oral order dated 09-02-2026. Petitioners Most. Madhuri Kunwar, Arun Kumar Pandey and Rajnish Kumar Pandey sought reversal of the 2nd Munsif Siwan's order dated 16.11.2016 rejecting their Order I Rule 10 CPC impleadment application in Title Suit No. 137 of 2006 (instituted by Mst. Dulari Kunwar). Court ruled that impleadment turns on interest in the subject matter, not merits; registered deed of gift executed during pendency gave petitioner nos. 2-3 an interest, so they were ordered impleaded as plaintiffs; petitioner no. 1's unregistered, unprobated Will conferred no enforceable interest under Section 213 Indian Succession Act, so she was excluded. Keywords: impleadment, necessary parties, Order I Rule 10 CPC, deed of gift pendente lite, unregistered will, probate, Section 213 Indian Succession Act, Title Suit No. 137 of 2006, Munsif Siwan.