Brajendra Kumar v. Suresh Prasad

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.115 of 2023 ====================================================== Brajendra Kumar Son of Inderdeo Yadav @ Dipan Yadav Resident of villageDahiyar, P.S. Barachatti, District - Gaya. ... ... Petitioner/s

Versus

1.

Suresh Prasad Son of Mahabir Mahto, Resident of village - Dahiyar, P.S. - Barachatti, District - Gaya.

2.

Visheshwar Prasad son of Mahabir Mahto, Resident of village - Dahiyar, P.S. - Barachatti, District - Gaya.

3.

Umesh Prasad, Son of Mahabir Mahto, Resident of village - Dahiyar, P.S. - Barachatti, District - Gaya.

4.

The State of Bihar through the District Collector Gaya. 5.

Anchal Adhikari Barachatti District Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Respondent/s :

Mr.Rishi Raj Sinha ( Sc 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-09-2023 Heard the parties.

2. This petition is filed on behalf of the petitioner for quashing the order dated 21.10.2022 passed by Munsif, Sherghati in Title Suit No. 50 of 2018 by which the application of the petitioner for adding him as defendant No. 03 in the aforesaid suit has been rejected.

3. The suit is pending between the plaintiff and the State of Bihar and the petitioner, being an outsider claims himself to be a necessary and proper party and keeping the same in mind the learned Court below has rightly rejected the claim of the petitioner.

Patna High Court C.Misc. No.115 of 2023(2) dt.12-09-2023 2/2

4. In view of the above, this Court finds no illegality in the impugned order.

4. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U