DEVENDRA PRASAD SAH Vs. LAKSHMI SAO

JUDGEMENT

(1.) I have heard the learned counsel, Mr. Pramod Manbansh on behalf of the petitioners and the learned counsel, Mr. Pramod Kumar Sinha on behalf of the respondents.

(2.) The petitioners have filed this application under Article 227 of the Constitution of India against the order dated 16.12.2008 passed by Munsif-ll, Begusarai in Title Suit No.176 of 1985 whereby the learned Court below rejected the application filed by the petitioners under Order 1 Rule 10(2) read with Section 151 C.P.C. for being impleaded as defendants in the suit.

(3.) The learned counsel for the petitioners submitted that the defendant no. 6, Gulab Chand Sah was made party by the plaintiff. On the death of defendant no. 6 on 2.7.1996, the plaintiff filed application on 14.7.2004 to expunge his name but the learned Court below by order dated 29.8.2005 rejected the said petition holding that Gulab Chand Sah was proper and necessary party and, therefore, his name cannot be expunged. The petitioners are the sons of said Gulab Chand Sah. They filed the application for* being impleaded as party but the learned Court below by the impugned order dated 16.12.2008 rejected the application wrongly. According to the learned counsel, since the father was found to be necessary party, the learned Court below has wrongly not impleaded the petitioners in the suit.