Prashansha Rani Singh And ORS v. Sri Baijnath Sah And ANR

Patna High Court C.Misc. No.276 of 2016 (4) dt.14-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.276 of 2016 ====================================================== Prashansha Rani Singh & Ors .... .... Appellant/s

Versus

Sri Baijnath Sah & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anish Chandra Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-12-2016 Heard the learned counsel for the petitioners and the learned counsel for the respondents.

Perused the impugned order dated 18.03.2016 passed by learned Sub Judge III, Patna City in Title Suit No.58 of 2008 whereby the learned Court below rejected the intervention application filed by the petitioners.

From perusal of the impugned order, it appears that the Court below rejected the application on the ground that the petitioner is not a party to the agreement. The plaintiff-respondent has filed the suit for specific performance of contract. The petitioner is only claiming to be the co-sharer of the defendant and for that he has filed a separate suit for partition. In such view of the matter, the title, interest or possession of the petitioner cannot be decided in a suit for specific performance of contract. Therefore, their presence is not necessary

Patna High Court C.Misc. No.276 of 2016 (4) dt.14-12-2016 in the suit for specific performance of contract. They can enforce their right in the partition suit.

Thus, I find no reason to interfere with the impugned order and accordingly, this Civil Miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T