SURESH MEHERA Vs. SUBHA CHAULIA

JUDGEMENT

(1.) HEARD Shri S.P. Mishra, learned Senior Counsel for the petitioners. None appears for the opposite parties 1 and 2 in spite of notice.

(2.) THIS writ application is directed against the order dated 03.04.2008 passed by the Civil Judge (Sr. Divn.), Sonepur, in FDTS No. 31 of 2001, rejecting the petitioners application under Order 1 Rule 10 CPC, for being impleaded as parties to the suit.

(3.) LEARNED Trial Court on a perusal of the materials on record, came to hold that as the present petitioners are not directly transferee from the co -sharers, there is no nexus between the petitioners and the parties to the suit,, who are entitled to share out of the suit land and as such, they cannot be treated as necessary parties in the suit. The operating portion of the impugned order reads as under; -