Vijay Singh v. Nawal Singh @ Nageshwar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1093 of 2019 ====================================================== Vijay Singh Son of Late Binda Singh Resident of Village- Garo Bigha, Police Station- Narhat, District- Nawada.

... ... Petitioner/s

Versus

1.

Nawal Singh @ Nageshwar Singh Son of Late Kishun Singh Resident of Village- Garo Bigha, Police Station- Narhat, District- Nawada. 2.

Kari Devi Wife of Anil Singh and D/o Late Kishun Singh Resident of Village- Garobigha, Police Station- Narhat, District- Nawada. At presentResident of Village- Sarkanda, Police Station- Govindpur, District- Nawada. 3.

Gori Devi Wife of Ramcharitra Singh and D/o Late Kishun Singh Resident of Village- Garobigha, Police Station- Narhat, District- Nawada. At presentResident of Village- Karki, Police Station- Ariari, District- Sheikhpura. 4.

Shail Devi D/o Late Mungi Singh Resident of Village- Garo bigha, Police Station- Narhat, District- Nawada.

5.

Smt. Sunaina Devi Wife of Vijay Singh Resident of Village- Garo Bigha, Police Station- Narhat, District- Nawada.

6.

Anirudh Singh Son of Abadh Singh Resident of Village- Samai, Police Station- Muffasil, District- Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-10-2023 Heard the parties.

2. The present application has been filed for setting aside the order dated 13.08.2018 passed by the learned Additional District Judge-II, Nawada in Title Appeal No. 19 of 2003, by which the Additional District Judge has allowed the petition dated 06.09.2017, filed by the respondent no. 6 for impleading as a party in place of his wife.

3. In the opinion of this Court, no prejudice will be

Patna High Court C.Misc. No.1093 of 2019(2) dt.13-10-2023 2/2 caused to the petitioner if the husband of the deceased daughter has been allowed to be added as a party because the appeal shall be decided on merits and merely because the husband has become a party will not give any right to the husband if he has no right in the property of his father-in-law.

4. In view of the above, this application stands dismissed

5. The Court below is directed to expedite the appeal. (Sandeep Kumar, J) P. Kumar U