Shankar v. Md. Shaukat Ali Shah

Patna High Court C.R. No.128 of 2011 (3) dt.19-02-2013 2 29(a) Shambhu Yadav, son of late Wakil Yadav. 29(b) Sadho Yadav, son of late Wakil Yadav. 29(c) Nilam Devi, daughter of late Wakil Yadav. 30. 31. Rajendra Yadav. Devendra Yadav. Sons of late Aaso Yadav.

33. 34. Dharma Devi, daughter of late Aaso Yadav (this defendant is dead and the names of heirs have not yet been substituted either in the Title Suit or in the Misc. Case). Bakma Devi, daughter of late Aaso Yadav. Sumitra Devi, daughter of late Aaso Devi. All are residents of village- Mai Sikandarpur, P.S. Mufassil, district- Munger. Puna Devi, wife of late Upendra Yadav. 35. 36. Rajendra Yadav. 37. Mukesh Yadav. Vikash Yadav. 38. Ramdeo Yadav (this defendant is dead and the names of heirs have 39. not yet been substituted either in the Title Suit or in the Misc. Case. Adhic Yadav.

41. 42.

43. 44. 45.

46. Sons of late Upendra Yadav under the care & guardianship of their mother and next friend. Sabdami Devi, widow of late Tanik Yadav. Pappu Yadav (this defendant is dead and the names of heirs have not yet been substituted either in the Title Suit or in the Misc. Case). Sanjay Yadav. Puja Kumari. Nandan Yadav. All are sons and daughters of late Tanik Yadav, resident of Village- Mai Sikandarpur, P.S. - Mufassil, district- Munger. Brahmdeo Yadav, son of late Ram Kishun Yadav (this defendant is dead and the names of heirs have not yet been substituted either in the Title Suit or in the Misc. Case). 47(a) Gopal Yadav. 47(b) Nepali Yadav. 47(c) Bihari Yadav. 47 (d) Bangali Yadav. 47(e) Dilip Yadav. 47(f) Bipin Yadav. All are sons of late Dawato Devi.

48. 49. Chamak Lal Yadav. Anil Yadav (this defendant is dead and the names of heirs have not yet been substituted either in the Title Suit or in the Misc. Case). Both sons of late Bhola Yadav. Gongi Devi.

50. 51. Muntara Devi. 52. 53. Kari Devi. Niniya Devi. Daughters of late Bhola Yadav. All are of Village- Mai Sikandarpur, P.S. - Mufassil, district- Munger. Anil Yadav, son of Munilal Yadav. Bindeshwari Yadav.

54. 55. Patna High Court C.R. No.128 of 2011 (3) dt.19-02-2013 3

56. 57. 58. 59.

60. 61. 62. Jogendra Yadav. Gopi Yadav. Panchi Devi. Ronya Devi. Sons and daughters of late Manki Devi. All are of village- Mai Sikandarpur, P.S. - Mufassil, district- Munger. Dhani Yadav. Paro Yadav. Kamal Yadav. Sons of late Hito Yadav. Ram Prasad Yadav @ Bhakko Yadav, son of late Sahdeo Yadav. Soni Devi. Saraswati Devi.

63. 64. 65. 66. Manju Devi. Sanju Devi. 67. Daughters of late Sahdeo Yadav. All are of village- Mai Sikandarpur, P.S. - Mufassil, district- Munger. Ramjee Yadav, son of late Santu Yadav.

68. 69. Maya Devi, wife of late Kedar Yadav (this defendant is dead and the names of heirs have not yet been substituted either in the Title Suit or in the Misc. Case). Rajo Yadav. Kabo Yadav. Soolu Yadav.

70. 71. 72. Sons of late Kedar Yadav. Hallu Yadav. Bablu Yadav.

73. 74. 75. Mukesh Yadav. Minor sons of late Kedar Yadav under the care and guardianship of their mother and natural friends. Nishu Devi, daughter of late Kedar Yadav. Rajo Yadav, son of late Ram Lakhan Yadav. Daroga Yadav MPO Sonma Devi, M/w Bhikku Yadav. Jago Yadav @ Yogendra Yadav, son of late Puran Yadav.

76. 77. 78. 79(i) 79(ii) Mithi Devi. 79(iii) Subna Devi. Both are daughters of late Purana Yadav. 79(iv) Pappi Devi, wife of late Puran Yadav. All are residents of Mai Sikandarpur, P.S. - Mufassil,

80. 81. district- Munger. Ram Giving Yadav, son of Deoki Yadav. Saudi Yadav, son of late Dhanna Yadav (this defendant is dead and the names of heirs have not yet been substituted either in the Title Suit or in the Misc. Case). 82. Umesh Mandal. 83. Mahesh Mandal. Sons of Dayaram Mandal.

85. Nachhtra Yadav, son of late Kokai Yadav (this defendant is dead and the names of heirs have not yet been substituted either in the Title Suit or in the Misc. Case.) Karelal Yadav, son of Baldeo Yadav. Patna High Court C.R. No.128 of 2011 (3) dt.19-02-2013 4

86. 87.

88. 89. 90. 91. 92.

93. 94. 95. 96. Umesh Yadav, son of Bourik Yadav. Narain Yadav, son of late Koiya (this defendant is dead and the names of heirs has not yet been substituted either in the Title Suit or in the Misc. Case). Etwari Mistry, son of late Kishun Mistry. Shanakar Yadav, son of late Bishun Yadav. Amrika Sao. Kamali Sao. Suresh Sah. Sons of late Mangoo Sao. Sakaldeo Yadav, son of Jito Yadav. Halim Sah. Asghar Sah. Jamal Sah. Sons of late Shaheed Shah. Ramjani Shah, son of late Damari Shah. Narain Shah, son of late Razaque Shah.

97. 98. 99. Most. S Dabina Yadav, widow of late Azim Shah. 100. Md. Akhtar. 101. Md. Jahangir. Sons of late Azim Shah. Sahzadi Begum.

102. 103. Kishwari Begum. Both are daughters of late Azim. All are residents of Mai Sikandarpur, P.S. - Mufassil, district- Munger.

104. Hasib Shah, son of late Noora Shah (this defendant is dead and the names of heirs have not yet been substituted either in the title suit or in the misc. case). Safi Alam Shah, son of late Imaman Shah. Pochin Mistry, son of late Bhakku Mistry (this defendant is dead and the names of heirs have not yet been substituted either in the title suit or in the misc. case).

105. 106.

107. Kedar Mandal. Srilal Mandal. 108. Both are sons of Ramji Lal Mandal.

109. Md. Sohrab Shah. 110. Md. Nesar Shah. 111. Ladli Begum. 112. Nazni Begum. Photni Begum. 113. Sons and daughters of late Shakoor Sah. All are residents of Village- Mai Sikandarpur, P.S. - Mufassil, district- Munger.

114. Hashim Shah. Taslim Shah. 115. Both are sons of late Khalil Shah.

116. Mahmooda. Shahida. 117. 118. Zubaida. 119. Gulshan. All are daughters of late Most. Fatma. All are residents of Mai Sikandarpur, P.S. - Mufassil, Patna High Court C.R. No.128 of 2011 (3) dt.19-02-2013 5 district- Munger.

120. Chandra Yadav, son of late Dukha Yadav. 121. Anandi Yadav, son of late Jageshwar Yadav. 122. Bato Yadav, son of Mahabir Yadav. 123. Mulho Yadav, son of late Dukha Prasad Yadav. 124. 125. 126. 127. 128. Bino Yadav. Shiv Prasad Yadav, son of late Janaki Prasad Yadav. Pramod Sah, son of Bangali Sao. Prakash Yadav. Subhash Yadav. All are sons of late Karu Yadav. All are residents of Village- Mai Sikandarpur, P.S. - Mufassil, district- Munger. ……..Defendants .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 19-02-2013 Heard Mr. Ajay Kumar Thakur, learned counsel appearing on behalf of the petitioners. This civil revision application is directed against the order dated 16.5.2011 passed by the Bihar Wakf Tribunal, Patna in Misc. Case No.1 of 2011, whereby the learned Tribunal has been pleased to allow the application filed on behalf of one of the plaintiffs under Order IX rule 9 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) thereby restoring the Title Suit No.9 of 2009 to its original file. The grounds raised by Mr. Thakur, learned counsel appearing for the petitioner for questioning the order impugned is that; only one of the plaintiffs did make application for restoration and that the defendants were not heard. So far as the first issue regarding maintainability of a Patna High Court C.R. No.128 of 2011 (3) dt.19-02-2013 6 restoration application by one of the plaintiffs is concerned, the answer lies in Order 41 rule 4 of the Code. In so far as ground no.2 regarding not hearing the defendants is concerned, no doubt in normal course the Court ought to have heard the defendants on the restoration application but considering the reasons assigned in the impugned order and the fact that for the lapse on the part of the plaintiffs leading to dismissal, the defendants have been compensated by costs as also the fact that the defendants have been heard before this Court and no justifiable ground has been raised to refuse the prayer of the plaintiff, this Court finds no material irregularity in the order impugned. The power is discretionary and has been correctly exercised by the court below. The order impugned not calling for any interference, this civil revision application is accordingly disposed of. SKPathak/- (Jyoti Saran, J)