Allowed¶28

Kunal Ravi Singh v. Sharda Devi and Ors.

Patna HC29 Jan 2026C.Misc./51/2019

Case brief

AI extract

What is this about?

Patna High Court, C.Misc. No. 51 of 2019 (decided 29-01-2026, S. B. Pd. Singh, J): setting aside of rejection of an impleadment application under Order I Rule 10(2) Code of Civil Procedure; petitioner claiming to be a son with ancestral right, title and interest directed to be added as defendant in Title Suit No. 28 of 2008 (Bhagalpur); challenge to suit concerning sale deed dated 29.08.2003 purportedly executed by mother and brothers Kunal Shashi Singh and Kunal Sunny Singh; impleadment held necessary for proper and complete adjudication; application allowed and disposed of.

What did the court decide?

Setting aside of the impugned order and impleadment of the petitioner as one of the defendants in Title Suit No. 28 of 2008; the instant application allowed and disposed of. ¶28

Kunal Ravi Singh Vs Sharda Devi and Ors. — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Setting aside of the impugned order and impleadment of the petitioner as one of the defendants in Title Suit No. 28 of 2008; the instant application allowed and disposed of.

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Issue for consideration

Whether petitioner Kunal Ravi Singh, who claims to be one of the sons of the family and asserts that the suit property is ancestral in nature with right, title and interest in him, ought to be impleaded as a defendant in Title Suit No. 28 of 2008, i.e., whether the rejection of his impleadment application under Order I Rule 10(2) CPC should be set aside.

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Court's answer

The impugned order passed by the learned Judicial Magistrate, 1st Class, Bhagalpur rejecting the petitioner's impleadment application is set aside.

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Ratio / Principle

The petitioner shall be impleaded as one of the defendants in Title Suit No. 28 of 2008.

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Detailed headnote1 paragraphs

Patna High Court (S. B. Pd. Singh, J.), by oral order dated 29-01-2026, allowed and disposed of Civil Miscellaneous No. 51 of 2019. The application sought quashing of the order dated 14.09.2018 passed by the learned Judicial Magistrate, 1st Class, Bhagalpur in Title Suit No. 28 of 2008, by which the petition dated 06.04.2018 filed on behalf of the petitioner under Order I Rule 10(2) of the Code of Civil Procedure for adding him as intervenor defendant had been rejected. Counsel submitted that intervenor/petitioner Kunal Ravi Singh is one of the sons of late Chandra Bhushan Singh, that the suit seeking declaration of a sale deed purportedly executed on 29.08.2003 by his mother and his brothers Kunal Shashi Singh and Kunal Sunny Singh as null and void was filed by the wife of the intervenor-petitioner and one of his brothers, and that although the petitioner did not execute the sale deed he claims to be one of the sons of Late Sharda Devi and asserts that the suit property is ancestral in nature with right, title and interest in him, making his impleadment necessary for the proper and complete adjudication of the issues involved. In view of these facts, the Court set aside the impugned order and directed that the petitioner be impleaded as one of the defendants in Title Suit No. 28 of 2008.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.51 of 2019

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Kunal Ravi Singh S/o Late Chandra Bhushan Singh, Resident of MohallaChhoti Kanjarpur, Shivajee Path, S.M. College Road, P.S.- Barari, DistrictBhagalpur, at present residing at Krishna Apartment Coloney More 3rd Floor, Kankarbagh, Patna.

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... ... Petitioner/s

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Versus

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Sharda Devi and Ors W/o Late Chandr Bhushan Singh,

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Kunal Shashi Singh, S/o Late Chandra Bhushan Singh, Both resident of Shivajee Path, S.M. College Road- Chhoti Khajarpur, P.S.- Barari, DistrictBhagalpur.

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3.1. Shyamlal Das Son of late Gonu Das, Resident of Mohalla - Chhoti Khanjarpur (Near Makbara) P.S. Bavari, District- Bhagalpur.

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3.2. Prabhakar Kumar Son of Shyam Lal Das, Resident of Mohalla - Chhoti Khanjarpur (Near Makbara) P.S. Bavari, District- Bhagalpur.

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3.3. Pradip Kumar Son of Shyam Lal Das, Resident of Mohalla - Chhoti Khanjarpur (Near Makbara) P.S. Bavari, District- Bhagalpur.

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3.4. Sarita Devi Wife of Vinay Kuamr Das, D/o Shyam Lal Das Resident of Mohalla - Goradih, P.S. - Goradih, District- Bhagalpur.

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Pawan Kumar, S/o Hari Prasad Yadav, Resident of Mohalla- Bari Khanjarpur P.S.- Barari, District- Bhagalpur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Bimlendu Shekher Thakur For the Respondent/s : Mr. ======================================================

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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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6 29-01-2026

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The instant Civil Miscellaneous application has

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been filed for quashing the order dated 14.09.2018 passed by learned Judicial Magistrate, 1^st Class, Bhagalpur in Title Suit No. 28 of 2008 by which the learned Judicial Magistrate has been pleased to reject the petition dated 06.04.2018 filed on behalf of the petitioner under Order I

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Patna High Court C.Misc. No.51 of 2019(6) dt.29-01-2026 2/3

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Rule 10(2) of the Code of Civil Procedure for adding him as intervenor defendant in the suit.

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Learned counsel for the petitioner submits that intervenor/petitioner Kunal Ravi Singh is one of the sons of late Chandra Bhushan Singh and the Title Suit No. 28 of 2008 has been filed by the wife of intervenor petitioner as well as his one of the brother to declare the sale deed as null and void purported to be executed by his mother and his brothers namely, Kunal Shashi Singh and Kunal Sunny Singh on 29.08.2003.

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Although the aforesaid sale deed has not been executed by the present intervenor/petitioner, he claims to be one of the sons of Late Sharda Devi, and asserts that the suit property is ancestral in nature, in which he has right, title, and interest. In view of the said claim, his impleadment is necessary for the proper and complete adjudication of the issues involved in the present case.

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In view of the above facts, the impugned order dated 06.04.2018 passed by learned Judicial Magistrate, 1^st Class, Bhagalpur is set aside. Let the petitioner be impleaded as one of the defendants in Title Suit No. 28 of

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Patna High Court C.Misc. No.51 of 2019(6) dt.29-01-2026 3/3

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