Bharat Prasad v. Most Pana Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1384 of 2016 ====================================================== Bharat Prasad .... .... Appellant/s

Versus

Most Pana Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Atul Kumar Pandey For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-12-2016 Heard learned counsel Mr.Atul Kumar Pandey for the petitioner.

Perused the impugned order dated 05.09.2016 passed by learned 5th Subordinate Judge, Sitamarhi in Title Suit No.229 of 2006.

It appears that during the pendency of the suit the defendant-petitioner sold some property to the purchasers. The plaintiffs-respondents filed an application for adding the purchasers as party. The trial court by the impugned order dated 05.09.2016 has allowed this application.

The Hon'ble Supreme Court in the case of Amit Kumar Shaw and another Vs. Farida Khatoon and another, A.I.R. 2005 Supreme Court 2209 has held that ordinarily the purchaser should be added as party in a suit. Admittedly in the present case part of the property has been sold by the defendant to

Patna High Court C.Misc. No.1384 of 2016 (3) dt.20-12-2016 the purchaser and the application has been filed by the plaintiffs for adding the purchaser as party. Therefore, I find no jurisdictional error in the impugned order.

Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U