Sushil Kumar Rastogi v. Anup Agrawal And ORS

Patna High Court C.Misc. No.867 of 2016 (3) dt.17-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.867 of 2016 ====================================================== Sushil Kumar Rastogi .... .... Appellant/s

Versus

Anup Agrawal & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Lilawati Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-11-2016 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

Perused the impugned order dated 16.06.2016 passed by Sub Judge IV, Patna in Title Eviction Suit No.47 of 2002 whereby the learned Court below rejected the application filed by the petitioner under Order I Rule 10(2) C.P.C. for being added as party-defendant in the eviction suit.

It is admitted fact that the tenant is the defendant no.1 which is a partnership firm which can be sued or can sue independently through any of the partner and, therefore, all the partners are not necessary in eviction suit.

Thus, I do not find any reason to interfere with the impugned order in exercise of supervisory jurisdiction.

Accordingly, this Civil Miscellaneous application is dismissed. Saurabh/- (Mungeshwar Sahoo, J) U T