RAJENDRA PRASAD Vs. BABAN BHAGAT

JUDGEMENT

(1.) Heard Mr. Ashutosh Tribapthy, learned counsel for the petitioners and Mr. Jai Prakash Singh, learned counsel for the Respondents.

(2.) The petitioners are aggrieved by the order dtd. 7/2/2018 passed by the learned Sub Judge-I, Bikramganj, Rohtas, by which, the petition under Order 1 Rule 10 CPC filed by the petitioners for their impleadment in the Title Partition Suit No.54/2017 has been rejected.

(3.) Learned counsel for the petitioners submits that one Faujdar Mali is the common ancestor and the plaintiffs/respondents are claiming their right on the suit property and seeking partition on the basis of gift deed executed by their mother and grandmother. Faujdar Mali has five sons including one Bangali Mali and the plaintiffs are the descendants of Bangali Mali. Learned counsel further submits that in the Partition Suit, the petitioners have not been made party inasmuch as they are having right, title and interest upon the suit properties being the descendants of other sons of Faujdar Mali. On the aforesaid basis, they filed a petition for their impleadment, but the learned Sub Judge,-I, Bikramganj, Rothas, without deciding the claim of the petitioners on its own merit, has rejected the petition for their impleadment on the technical ground that the petition has been filed by six petitioners whereas only one of them has sworn affidavit.