Ravi Shankar Singh v. Smt. Shobha Prasad

Versus Smt. Shobha Prasad .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 20-06-2013 Heard learned counsel for the petitioner. The petitioner has sought for quashing of the order dated

06.09.2012 passed by learned Munsif-II, Bhagalpur, in Title Eviction Suit No. 10 of 1998 whereby the learned Court below dismissed the petition, said to have been filed under Order-1, Rule 10(2) of the C.P.C. read with Section 151 of the C.P.C., for impleading the original landlord from whom the plaintiff had purchased the suit premises, as plaintiff No. 2. It has been submitted by learned counsel for the petitioner that the plaintiff / respondent purchased the suit premises in the year 1997 from the petitioner’s landlord Anil Kumar Jeloka without any information to him (the petitioner). He submits that in the facts and circumstances of the case, the respondent / plaintiff should have impleaded Anil Kumar Jeloka as plaintiff No. 2. From the impugned order, I find that the said petition for Patna High Court CWJC No.5842 of 2013 (2) dt.20-06-2013 impleading Anil Kumar Jiloka as plaintiff No. 2 has been dismissed on the ground that in an eviction suit the relationship of landlord and tenant was required to be established and question of title was only incidental in nature. I find that the said order of learned Munsif-II, Bhagalpur, is based on sound reasoning and does not require any interference by this Court. The petition for impleading Anil Kumar Jeloka as plaintiff No. 2, in facts and circumstance of the case, itself was misconceived. This application is, accordingly, dismissed. (Chakradhari Sharan Singh, J.) Saif/-