Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.832 of 2008 ====================================================== 1. Arbind Kumar Singh 2. Rabindra Kumar Singh. Both sons of late Surendra Narayan Singh, residents of Vill. Bahera Tola Vrindawan, P.S. Haveli Kharagpur, Distt. Munger. 3. Munni Devi, wife of Shri Raghunandan Singh, daughter of Late Ram Nihora Singh, resident of Vill. Kalyanpur, P.S. Baliyarpur and Distt. Munger. 4. Smt. Shanti Devi, wife of late Hari Mohan Singh, daughter of late Ram Nihora Singh, resident of Vill. Aryapuri, Ratu Road, P.S. Ratu Road, Ranchi (Jharkhand) .... Defendants 1st Set.... Petitioners Versus 1. Monakka Devi, wife of late Kamta Prasad Singh. 2. Ram Pratap Singh, son of late Kamta Prasad Singh. 3. Vijay Kumar Singh, son of late Kamta Prasad Singh. 4. Arun Kumar Singh, son of late Kamta Prasad Singh. All residents of Vill. Bahera Tola Vrindawan, P.S. Haveli Kharagpur, Distt. Munger. 5. Mrs. Maya Devi, wife of Ram Narayan Singh, resident of Vill. Diri, P.S. Kahalgaon, Distt. Bhagalpur. 6. Mrs. Dropdi Devi, wife of Ras Bihar Singh. Both residents of Vill. Mahadeopur Tikkar, P.S. Pirpaithin, Distt. Bhagalpur. 7. Most. Jayawati Devi, wife of late Kamo Singh. 8. Balmiki Singh (since dead) 8 (a) Chanda Devi wife of late Balmiki Singh. 8 (b) Munna Singh. 8 (c) Muntun Singh. 8 (d) Ram Narayan Singh (b) to (d) are sons of late Balmiki Singh. (a) to (d) are residents of Vill. Bahira Tola Brindaban, P.S. Haveli Kharagpur, P.O. Lochchi, in the twon and District of Munger.
Facts
Patna High Court C.R. No.832 of 2008 (36) dt.14-11-2013 2/7
Legal Reasoning
petitioners thereafter moved this Court in Civil Revision No. 1172 of 1985 which was allowed on 07.04.1986 and the impleadment of the petitioners was upheld. Thereafter, it appears that one of the intervenors died and was not substituted. This gave cause of action to the petitioners to file an application in the suit to hold that the suit had abated due to one of the defendants having died and there being no substitution. The plaintiffs also filed an application for expunging the name of the said deceased defendant. By the order impugned, the petition of the plaintiffs for expunging the name of the deceased defendant has been allowed whereas the petition filed by the petitioners for holding the suit to have abated has been Patna High Court C.R. No.832 of 2008 (36) dt.14-11-2013 6/7 dismissed. Learned counsel submits that the reason for the Court to allow expunging the name of the deceased defendant was that it was for the plaintiffs to decide who should be party and since they wanted the deceased defendant’s name to be struck off from the list of the parties, the prayer has been allowed. As a consequence thereto, the petition filed by the plaintiffs for holding the suit to have abated was dismissed in the background that the deceased defendant himself had been removed from the list of parties. Learned counsel submits that once the High Court had upheld the right of the petitioners, including the deceased defendant, to be made party in the suit, it was not open for either the plaintiffs or the Court below to hold otherwise. By the order impugned, effectively the order passed by the High Court in Civil Revision No. 1172 of 1985 has been negated. Learned counsel appearing for the opposite party no. 8 submits that the Court has passed a well reasoned order which requires no interference. Having considered the rival contentions, this Court finds substance in the submissions of learned counsel for the petitioners. Once a party has been added upon contest and such matter having been taken upto the High Court to decide as to Patna High Court C.R. No.832 of 2008 (36) dt.14-11-2013 7/7 whether there was a right for impleadment and the High Court upholding such right of the party, he cannot be removed from the list of the parties at the behest of the other side since the matter upon contest had been decided in his favour. Thus, this Court finds that the order allowing expunging the name of the deceased defendant cannot be sustained. As a consequence, since the petition filed by the petitioners with regard to holding that the suit stands abated was rejected due to the name of the deceased defendant being expunged, the same is also unsustainable. Accordingly, the impugned order dated 19.03.2008 passed in Title Suit No. 113 of 1976 is set aside. The Court below shall now consider afresh the petition filed by the petitioners for holding the suit to have abated, in accordance with law after giving opportunity of hearing to all concerned. The application stands allowed in the aforementioned terms. Anjani/- (Ahsanuddin Amanullah, J.)
Arguments
8 (e) Smt. Nilam Devi, d/o late Balmiki Singh wife of Sri Binay Singh, resident of Vill. and P.O. Bharona, P.S. Haveli Kharagpur, Distt. Munger. 8 (f) Smt. Bulbul Devi @ Nitu Devi, daughter of late Balmiki Singh and wife of Bikran Singh @ Sonu Singh, resident of Bokaro, near Power House, Distt. Bokaro. 8 (g) Smt. Kanchan Devi, d/o late Balmiki Singh, and wife of Binay Singh, resident of Vill. and P.O. Katahara Via Sultanjganj, Distt. Bhagalpur. 9. Mrs. Karan Devi, (since dead) 9 (i) Arun Singh. 9 (ii) Kapil Singh. 9 (iii) Ghato Singh. Sons of late Karan Devi, wife of late Jageshwar Singh, resident of Vill. Kathna, P.S. Haveli Kharagpur, Distt. Munger. 9 (iv) Smt. Ramdulari Devi, wife of Ram Naresh Singh and Daughter of late Karan Devi and late Jageshwar Singh, resident of Vill. Kalyanpur, P.S. Bariarpur, Distt. Munger. 9 (v) Smt. Sunita Devi, wife of Balmukund Singh and daughter of late Karan Devi and late Jageshwar Singh, resident of Vill. Bindwara, P.S. Kasim Bazar, Distt. Munger. 10. Mrs. Lalo Devi, wife of Arjun Singh, and daughter of Moti Singh, resident of Vill. and P.O. Kaithi, P.S. Haveli Kharagpur, Distt. Munger. 11. Mrs. Gauri Devi, wife of Latif Singh and daughter of Moti Singh, resident of Vill. Kumri, P.O. Bhikhadih, P.S. Belhar, Distt. Banka. 12. Most. Kaushalya Devi, wife of late Rameshwar Singh. 13. Ashok Singh. 14. Nawal Singh. 15. Madan Singh. All sons of late Rameshwar Singh, resident of Vill. Bahera Tola, Vrindawan, P.S. Haveli Kharagpur, Distt. Munger. 16. Mrs. Mani Devi, wife of Vijay Kumar Singh and daughter of late Rameshwar Singh, resident of Vill. Sahabad, Mirjachauki, P.S. Pirpaiti, Distt. Bhagalpur. Patna High Court C.R. No.832 of 2008 (36) dt.14-11-2013 3/7 17. Mrs. Meena Devi, wife of Pawan Kumar Singh and daughter of Late Rameshwar Singh, resident of Vill. Kusmi, P.O. Chanda, P.S. Dhoraiya District Banka, presently at Bahera Tola Vrindawan, P.S. Haveli Kharagpur, Distt. Munger. 18. Murari Singh. 19. Pasupati Singh. 20. Krishna Kumar Singh (since dead) 20 (i) Most. Sheela Devi-wife 20 (ii) Abhishek Kumar @ Sonu Kumar-son 20 (iii) Amit Kumar –Minor son 20 (iv) Reeta Kumari-Minor Daughter 20 (v) Priyanka Kumari –Minor daughter Sl. No. (iii) to (v) under the natural guardianship of their mother, namely Mostt. Sheela Devi. 20 (vi) Smt. Lovely Devi, wife of Rahul Kumar Singh, and daughter of late Krishna Kumar Singh, resident of Mohalla Basant Bihar Colony, PO + PS Basdeopur, Distt. Munger. 21. Prabhu Narayan Singh. All sons of late Ragho Singh, resident of Vill. Bahera Tola, Vrindawan, P.S. Haveli Kharagpur, Distt. Munger. 22. Smt. Sati Devi, wife of Mahendra Prasad Singh, daughter of Ragho Singh, resident of Vill. Bagha, P.S. Shambhuganj, Distt. Banka. 23. Smt. Phulo Devi, wife of Rajendra Singh. 24. Vinay Kumar Singh. 25. Bhudhan Kumar Singh. 26. Raj Kumar Singh. All minor sons of Jai Ram Singh under the guardianship of her father Sri Jai Ram Singh. All residents of Vill. Parshurampur, P.S. Pirpainti, Distt. Bhagalpur. (since discharged) 27. Smt. Basundhara Devi, wife of late Dwarika Singh. (since died and her legal heirs are already on record as O.P. Nos. 28 to 30) 28. Shashi Kumar Singh. 29. Ravi Kumar Singh. 30. Subhash Kumar Singh. All sons of late Dwarika Singh, residents of Vill. Bahera Tola, Vrindawan, P.S. Haveli Kharagpur, Distt. Munger. Patna High Court C.R. No.832 of 2008 (36) dt.14-11-2013 4/7 ….Plaintiffs….Opp. Parties 1st Set 31. Smt. Lalita Devi (since dead and her representative is already on record as O.P. No. 2) 32. Triyugi Nath Tiwary, sonf of late Ram Agya Tiwari. Both residents of Vill. Haraji, P.O. Haraji, P.S. Dighwara, Distt. Saran (Chapra). 33. Smt. Baleshwar Devi, wife of Kameshwar Choubey and daughter of late Ram Agya Tiwari, resident of Vill. Mujhauna, Dighwara, P.O. and P.S. Dighwara, Distt. Saran (Chapra). 34. Smt. Meena Devi, wife of Sri Uma Shankar Tiwari, daughter of late Ram Agya Tiwari, resident of Vill. Rahar Diara, Hathiya Tola, P.O. and P.S. Sonepur and District Saran. .... Defendants 2nd Set.... Opp. Parties ====================================================== Appearance : For the Petitioner/s : For the Opp. Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 36 14-11-2013 Heard Mr. J. S. Arora, learned counsel for the petitioners and Mr. Rishit Deo Kumar Singh, learned counsel for the opposite party no. 8 (one of the plaintiffs). Though notice has been validly served upon all the opposite parties but nobody is present when the case is taken up. The present application under Section 115 of the Code of Civil Procedure, 1908 is directed against the order dated 19.03.2008 passed by the Munsif 2nd, Munger in Title Suit No. 113 of 1976 by which the petition filed by the plaintiffs for Patna High Court C.R. No.832 of 2008 (36) dt.14-11-2013 5/7 expunging the name of the defendant no. 6 has been allowed whereas the petition filed by the petitioners for holding the suit to have abated has been rejected. Learned counsel for the petitioners submits that initially when Title Suit No. 113 of 1976 was filed, they were not made party. However, consequent upon death of the defendant no. 1, the petitioners sought their impleadment on the ground that the interest had devolved upon them which was allowed by the Court on 22.02.1983. Being aggrieved by the same, the plaintiffs had preferred Miscellaneous Appeal No. 7 of 1993 against such impleadment, which was allowed by the Court on 10.06.1985. The