Bal Kishun Sah @ Bal Krishna Sah v. Chhotu Kumar And ORS

Patna High Court C.Misc. No.682 of 2016 (3) dt.18-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.682 of 2016 ====================================================== Bal Kishun Sah @ Bal Krishna Sah .... .... Appellant/s

Versus

Chhotu Kumar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Chandra Kant For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-10-2016 Heard the learned counsel, Mr. Chandra Kant for the petitioner.

Perused the impugned order dated 19.03.2016 passed by Sub Judge I, Siwan in Money Suit No.5 of 2015. Money suit was filed by the plaintiff-respondent against the defendant-respondent praying for return of the consideration amount paid by the plaintiff to the defendant of the suit while executing the sale deed. The petitioner filed the application for being added as party on the ground that the property sold by his son i.e. defendant is his property.

In my opinion, therefore, the presence of the petitioner for deciding the question that whether the plaintiff is entitled to get back the consideration amount of sale deed is not required. The point which is being raised by the petitioner that he is the owner of the property sold by his son is entirely a different matter and that

Patna High Court C.Misc. No.682 of 2016 (3) dt.18-10-2016 cannot be decided in this simple suit for money particularly when it is admitted fact that the sale deed has been executed by the defendant to the plaintiff.

In the result, this Civil Miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T