Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2578 of 2013 ====================================================== S/O Late Ram Lakhan Singh R/O 1. Ramnandan Singh Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 2. Jai Prakash Singh S/O Late Jagdeo Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 3. Rajendra Singh S/O Late Ram Sagar Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 4. Satyendra Singh S/O Late Janak Prasad Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 5. Maheshwar Singh S/O Late Sitaram Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 6. Pramod Kumar Singh@Shambhu Singh S/O Late Ramchandra Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 7. Chandeshwar Singh S/O Late Parichhan Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 8. Bharat Prasad Singh S/O Late Bujhawan Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 9. Ramjee Singh S/O Late Sahvir Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 10. Devendra Ram S/O Sri Aasdeo Ram R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 11. Srimati Sushila Singh W/O Sri Chandeshwar Prasad Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali .... .... Petitioner/s Versus 1. Shankar Singh S/O Late Ram Swaroop Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 2. Basudeo Singh S/O Late Ram Swaroop Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 3. Vijaya Singh S/O Late Ram Swaroop Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali Janki Devi Daughter Of Late Ram Swaroop Singh R/O 4. Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 5. Sita Devi Daughter Of Late Ram Swaroop Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 6. Rita Devi Daughter Of Late Ram Swaroop Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 7. Radha Krishna Singh S/O Late Shiv Govind Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 8. Mostt. Parvati Devi W/O Late Randhir Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 9. Harendra Singh S/O Late Randhir Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 2 Patna High Court CWJC No.2578 of 2013 (4) dt.26-02-2013 2 / 4
Legal Reasoning
10. Reshmi Devi Daughter Of Late Randhir Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 11. Mostt. Gayatri Devi W/O Late Ravindra Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 12. Neeraj Kumar@Tuntun S/O Late Ravindra Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 13. Rakesh Kumar S/O Late Ravindra Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 14. Rajesh Kumar S/O Late Ravindra Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 15. Smt. Sugiya Devi Daughter Of Late Ram Sharan Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 16. Smt. Bedamo Devi Daughter Of Late Ram Sharan Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali 17. Mahavir Ji, Through Ravindra Singh S/O Late Ravindra Singh R/O Mohalla-Sahjadpur, Under Kila, P.O.-Hajipur, P.S.-Hajipur Town, Distt-Vaishali .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER 4 26-02-2013 Heard Counsel for the petitioners and the respondents. This writ application has been filed against the order dated 10.02.2012 by which the petitioners’ application to be added as party in the suit for the purposes of representing Mahavir Ji, respondent no. 17, has been rejected. The respondents-plaintiffs filed a suit challenging the deed of partition in the year 1938 supposedly entered between one Dahiya Devi and Ram Pati Singh . 3 Patna High Court CWJC No.2578 of 2013 (4) dt.26-02-2013 3 / 4 The case of the plaintiffs is that Dahiya Devi and Ram Pati Singh do not come from a common branch and, therefore, there could not have been any partition between them. It is or was the case of Ram Pati Singh that he has gifted his share in the property to Mahavir Ji by a deed of SAMARPANNAMA. During the suit, Randhir Singh, who was made party as the Manager of the property, died, his son Harendra Singh was substituted as heir. After the death of Harendra Singh, his heirs came on the record. The main contention of the petitioners is that the petitioners were appointed as Managing Committee of Mahavir Ji. It is also their case that the said Mahavir Aasthan is registered in the Trust Board. According to the respondents, they are the necessary parties as they were representing the interest of Mahavir Ji. It is apparent that Randhir was the duly appointed Manager. Until he was alive, the petitioners did not take any steps to enter into the frame. It is actually after his death that the petitioners want to be added as parties on the basis of the registered deed supposedly executed by Ram Sagar Singh and Deo Narayan Singh. It is submitted that the petitioners apprehends that the compromise between the parties ignores the right of Mahavir Ji and both the parties have distributed the lands in 4 Patna High Court CWJC No.2578 of 2013 (4) dt.26-02-2013 4 / 4 question amongst themselves. The plaintiffs’ claim is that the lands in question belong to them and there was no partition, nor was there any occasion to execute the deed of gift in favour of Mahavir Ji. Whether the compromise would be accepted by the Court or not, is to be decided by the Court below in accordance with the pleadings of the parties. As far as the petitioners are concerned, they have to get a determination from the Religious Trust Board regarding their right in this matter or have to get an authorization to prosecute the case by the Hindu Religious Trust Board. I leave it open to the parties to take action in accordance with law regarding this aspect of the matter, but as far as the intervention application is concerned, it has been filed making out a third case and, therefore, it cannot be allowed. The petitioners would always have the right to challenge the compromise/decree in Title Suit No. 54 of 1979. There is no occasion for this Court to intervene in the order impugned. This writ application is accordingly dismissed. Prabhakar Anand/- (Sheema Ali Khan, J)