Vijay Pratap Singh v. Ajay Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.732 of 2018 ====================================================== Vijay Pratap Singh, son of Late Hanumant Singh, resident of Puraini, P.S. Birpur, District- Supaul.
... ... Petitioner/Plaintiff
Versus
Ajay Kumar Singh, son of Late Krishnapal Singh, permanent resident of Puraini, P.S. Birpur, District- Supaul. Presently resident of Inter College Gate, Pratapgarh City Ward No. 9, Pratapgarh, Uttar Pradesh (U.P.). ... ... Respondent ====================================================== Appearance :
For the Petitioner :
Mr. Shailendra Kumar Singh, Advocate For the Respondent :
Mr. Niranjan Kumar, Advocate Smt. Smita Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-10-2018 Heard the learned counsel for the petitioner and the leaned counsel for the respondent.
The petitioner filed this civil miscellaneous petition against the order dated 09.02.2018 passed by Sub-Judge-I, Birpur in Title Suit No.14 of 2015 by which the learned SubJudge-I, Birpur dismissed the petition of the plaintiff for impleading Satish Kumar Singh as defendant no.2 in the suit. Learned counsel for the respondent submits that if Satish Kumar Singh is impleaded as defendant no.2 in the suit, he has got no objection. The plaintiff also filed the petition for impleading Satish Kumar Singh as defendant no.2. If the plaintiff wants to implead the purchaser as party during the pendency of the suit, it is prerogatory of the plaintiff to make a
Patna High Court C.Misc. No.732 of 2018(3) dt.04-10-2018 2/2 person party. Therefore, I find that learned Sub-Judge has erroneously rejected the petition of the petitioner-plaintiff. Accordingly, the order dated 09.02.2018 is set aside, and, this civil miscellaneous petition is allowed. The petition of the plaintiff is allowed for impleading Satish Kumar Singh as defendant no.2.
(Prabhat Kumar Jha, J) S.KUMAR/- U