Revti Bai And 2 Others v. Madan Lal And Another
IN THE HON'B
E HIGH COU T OF CHHATTISGARH AT BILASPUR (c.G.) WRIT PETITION (c1 No.
} 0 ?3 OF 200g PETITLONERS :
z 1.
Revti Bai Wife of Mohan Lal Sahu, ex W \'C¢1 '
AB aged about 45 years;
Dharam Son Mohan Lal Sahu, aged about 24 years;
Khileshwar Son of Mohan Lal Sahu, aged about 21 years;
Ail resident of Village Gathula, P.H.
NO.
22, Tahsil District Rajnandgaon (C.G.).
VERSUS
RESPONDENTS :
, 1.
Madan Lal Son of Late Panchram PLAINTIFF Sahu, aged about years, Resident of Village Gathula, Tahsil and District Rajnandgaon (C.G.).
State of Chhattisgarh, through the DEFENDANT N022 Collector, District Rajnandgaon (C.G.).
WRIT PETITION UNDER ARTICLE 227 OF THE QON§TITUTION OF INDIA
HIGH COURT OF CHHATTISGARH. BILASPUR W.P.(C) No. 1073 of 2008 1.
Revti Bai W/o Mohan Lal Shau, aged about 45 years 3.
Dharam S/o Mohan Lal Sahu, aged about 24 years 4.
Khileshwar S/o Mohan La! Sahu, aged about 21 years All are resident of Village Gathula, P.H. No.22, Tahsil and District Rajnandgaon (C.G.) ---- Petitioners
Versus
L 1.
Madan al S/o Late Panchram Sahu, aged about 45 years, R/o village ula, Tahsil District h Rajnandg through "the Collector, District '---- Respondents For Petitioners - Shri Abhishek Sharma, Advocate '
'Sh'ri'Adhiraj Surana, Dy Govt Advocate For Respondent No 1 'Justice P. Sam Koshy , i e r On' Board 20/03/2015 The petitioners thro gh ,he'iinstant writ petition has challenged the impugned order dated 03.11.2007 passed by the Civil Judge Class-2, Rajnandgaon in Civil Suit No, 37-A/2007.
2.
The facts in brief are that respondent No.1/plaintiff had filed a suit for declaration and possession against husband of petitioner No.1 and father of petitioner Nos. 2 & 3 namely Mohan Lal Sahu.
Grievance ofthe petitioners is that Mohan Lal Sahu has deserted them for about more than 15 years and his whereabouts are not known in spite of having made best efforts. Knowing .
this fact the respondent No.1/plaintiff who is the brother of the husband petitioner No.1 has filed a suit seeking for declaration and possession over the suit property and that the Court below has proceeded ex party against the husband father the petitioners.
The petitioners immediately ./ ///
(1approached the Court below and moved an application under Order Rule 10 CPC with a request that the petitioners may be made a necessary party to the suit as their interest is involved in the suit property and that they are the direct legal heirs of Mohan Lal Sahu, in the suit.
3.
This application of the petitioners under Order Rule 10 CPC was rejected by the Court below vide impugned order leading to the filing of the present petition.
4.
This Court has made repeated attempts in getting the'notice served \;
upon respo spite f-fservice being made effectively n (_W upon res'pm de t No.1, he has chosen not to appear before the Court either ih'aper'son or through a counsel and the suit by virtue interim protection granted by this Court on 21.02.2008 is stayed. 5.
Taking into consideratiOn the'attitude of respondent No.1/plaintiff and also the fact that there is a d tinterie'st ofthe petitioners in the suit property, i c the impugned order da d_0 007'passed by the Court below is set aside it is directed that the ow hall permit the petitioners to be added as defendants in the suit and shall proceed further to decide the case on its merits.
6.
It is the duty of the petitioners to appear before the Court below on the next date of hearing and apprise about the order passed by this Court today.
7.
With the aforesaid observation, the present writ petition stands allowed and disposed of.
Sd/- P. Sam Koshy Judge Bhola