BIBI FATIMA KHATTON @ FATIMA Vs. SUDIN MIAN

JUDGEMENT

(1.) Heard the learned senior counsel, Mr. Mishra on behalf of the petitioner and also the learned counsel, Mr. Prashant Ved Sen on behalf of the respondent.

(2.) This application under 227 of the Constitution of India has been filed by the intervener-petitioners for setting aside the order dated 13.07.2005 passed by Subordinate Judge, Bettiah in partition suit No.274 of 2004 whereby the learned Court below rejected the application filed by the petitioner under Order 1 Rule 10 C.P.C. for being added as party.

(3.) It appears that the plaintiff- respondent No.1 filed partition suit against the defendant who is respondent No.2 in this application for partition of the property of Bodha Mian alleging that Bodha Mian had gifted the property to both of them. A genealogical table has been appended at the foot of the plaint.