Shail Devi v. Dinesh Kumar Rai And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No. 426 of 2017 ======================================================

1. Shail Devi wife of Ramshresth Rai resident of village - Chhapra Aas, P.O. - Paroo, P.S. - Paroo, District - Muzaffarpur. .... .... Appellant/s

Versus

1. Dinesh Kumar Rai son of Ramshresth Rai resident of village - Chhapra Aas, P.O. - Paroo, P.S. - Paroo, District - Muzaffarpur.

2. Ramshresth Rai son of Late Mahesh Raut

3. Sanjay Kumar son of RamShresth Rai resident of village - Chhapra Aas, P.O. - Paroo, P.S. - Paroo, District - Muzaffarpur.

4. Sunila Devi wife of Sanjay Kumar All residents of village - Chhapra Aas, P.O. - Paroo, P.S. - Paroo,District - Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner.

By the impugned order the learned court below has turned down the prayer of the petitioner to be impleaded as party defendant in the suit for partition which has been filed by her son against her husband and other brothers.

The learned Court below has come to the conclusion that the husband of the petitioner is already a party and the only ground which has been pleaded on behalf of the petitioner to be impleaded as party is to advance her claim and right with regard to her share. Learned court below has rightly rejected the prayer made on behalf of the petitioner.

Patna High Court C.Misc. No.426 of 2017 (2) dt.16-05-2017 2/2 This Court is not inclined, in the facts and circumstances of the case, to interfere with the impugned order under Article 227 of the Constitution of India. The petition is dismissed.

(V. Nath, J) S.Pandey/- U