Akshya Kumar Singh v. Nawal Kishore Singh And ORS

Patna High Court CWJC No.9709 of 2015 (2) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9709 of 2015 ====================================================== Akshya Kumar Singh .... .... Petitioner/s

Versus

Nawal Kishore Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Bali Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-04-2016 Heard the learned counsel, Mr. Ram Bali Jha for the petitioner.

By the order dated 17.04.2015, the learned 1st Additional District Judge, Patna has rejected the application filed by the petitioner under Order I Rule 10 C.P.C. in Title Appeal No.25 of 2006.

From perusal of the impugned order, it appears that the Court below found that in fact, the suit has been filed by the karta of the joint family in representative capacity. The person who is sought to be added as party by the appellant namely Umesh Kumar is son of Nawal Kishore Prasad. Admittedly, Nawal Kishore Prasad is party to this appeal.

Considering all these aspects of the matter, the Court below has passed a reasoned order. Therefore, in my opinion, it is not a fit case for interference in exercise of supervisory

Patna High Court CWJC No.9709 of 2015 (2) dt.22-04-2016 jurisdiction.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T