Md. Ali Jinnah And ORS v. The Nagar Ayukta Bhagalpur Municipal Corporation And ORS

Patna High Court C.Misc. No.1335 of 2016 (2) dt.15-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1335 of 2016 ====================================================== Md. Ali Jinnah & Ors .... .... Appellant/s

Versus

The Nagar Ayukta Bhagalpur Municipal Corporation & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Md. Najmul Hodda For the Respondent/s : Mr. Swapnil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 15-12-2016 Heard the learned counsel for the petitioner and the learned counsel, Mr. Chandrakant, for the respondent No.2.

Perused the impugned order dated 18.08.2016 passed by learned Sub Judge-XII, Bhagalpur in Title Suit No.200 of 2008. From perusal of the impugned order, it appears that the Court below after considering the case of the plaintiff and the case of the petitioner has assigned reasons for rejecting the application filed by the petitioners for being added as party in the suit. The Court below has found that the petitioners are not necessary party in the suit and their presence is not required.

In such circumstances, I find that the order do not suffers from any jurisdictional error nor it occasioned failure of justice nor it can be said that the order passed by the Court below is in the manner not permitted bylaw. Thus, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U T