Anil Kumar Singh v. Thakko Sharma @ Thakkan Sharma And ORS

Patna High Court C.Misc. No.1193 of 2016 (3) dt.09-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1193 of 2016 ====================================================== Anil Kumar Singh .... .... Appellant/s

Versus

Thakko Sharma @ Thakkan Sharma & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anand Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-12-2016 Heard the learned counsel for the petitioner. Perused the impugned order dated 22.02.2016 passed by Sub Judge V, Darbhanga in Title Suit No.114 of 2014 whereby the learned Court below has allowed the application filed by the interveners under Order 1 Rule 10 CPC for being added as party in the aforesaid suit on payment of cost of Rs.1000/-.

From perusal of the impugned order, it appears that the Court below recorded clear finding that the interveners have purchased the suit property in its entirety from the plaintiff.

The Hon'ble Supreme Court in the case of Amit Kumar Shaw Vs. Farida Khatoon AIR 2005 SC 2209 has clearly held that the purchaser should ordinarily be added as party in a suit, therefore, I do not find any reason to interfere with the impugned order in exercise of supervisory jurisdiction.

Thus, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U