Chinta Devi And ORS v. Raj Kumar Singh And ANR

Patna High Court C.Misc. No.101 of 2016 (2) dt.04-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.101 of 2016 ====================================================== Chinta Devi & Ors .... .... Appellant/s

Versus

Raj Kumar Singh & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 04-08-2016 Heard the learned counsel, Mr. Ajay Kumar Singh for the petitioners.

Perused the order dated 01.03.2014 passed by Sub Judge I, Bettiah, West Champaran in Title Suit No.201 of 2005 i.e. suit for specific performance of contract filed by the respondent No.1 against respondent No.2. The Court below rejected the application for intervention filed by these petitioners on the ground that they are not necessary party in the suit for specific performance of contract as they have got conflicting interest with the respondent No.2 i.e. the defendant in the suit for specific performance of contract.

In view of the finding of the Court below that the presence of the petitioners are not at all required for deciding the question involved in the suit and that they have got conflicting interest with the respondent No.2, I find that the Court below has

Patna High Court C.Misc. No.101 of 2016 (2) dt.04-08-2016 rightly rejected the application.

If so advised, the petitioners may initiate appropriate proceeding before appropriate forum for the redressal of their grievance.

Thus, this civil miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T