Jai Gobind Prasad v. Lakshmi Narayan Prasad And ORS

Patna High Court CWJC No.2951 of 2015 (03) dt.11-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2951 of 2015 ======================================================

1. Jai Gobind Prasad Son of Sita Ram Prasad, Resident of Village - Salempur, P.S. - Tariyani, District - Sheohar. .... .... Petitioner/s

Versus

1. Lakshmi Narayan Prasad

2. Janardan Prasad Both Sons of Late Rameshwar Prasad, Resident of Village - Salempur, P.S. - Tariyani, District - Sheohar.

3. Parbati Devi Wife of Lakshim Narayan Prasad,

4. Sabitri Devi Wife of Janardan Prasad, Both resident of village - Salempur, P.S. - Tariyani, District - Sheohar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner.

Perused the order passed by the court below. It appears that in the written statement the petitioner himself taken plea that the suit is not maintainable on the ground that the wives of both the plaintiffs are not made party in the suit. Thereafter, both the wives of the plaintiffs, who have been named specifically in the written statement by the petitioner filed intervention application. By the impugned order dated 09.12.2014, the learned Munsif, Sheohar allowed the intervention application under Order 1 Rule 10 C.P.C. in T.S. No. 14 of 2009 and they have been added as plaintiffs in the suit.

Patna High Court CWJC No.2951 of 2015 (03) dt.11-03-2016 In view of the factual position, I do not find any reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U