SHANKER PRASAD Vs. LAKSHMI DEVI

JUDGEMENT

(1.) Heard Sri Ganpati Trivedi, learned senior counsel for the petitioner and Sri J.S. Arora, learned senior counsel for the opposite party no. 1.

(2.) This Civil Revision application has been filed against order dtd. 25/1/2017 passed by learned Sub Judge-VI, Patna in Title Partition Suit No. 434 of 2013 whereby the learned court below has rejected the petition of the petitioner filed under Order VII Rule 11 and Sec. 11 of the Code of Civil Procedure ( in short 'CPC").

(3.) The brief facts of the case are that plaintiff/opposite party no. 1 filed Title Partition Suit No. 434 of 2013. In the said suit plaintiff no. 1 Most. Kamla Devi ( died on 9/1/2014) is mother and plaintiff no. 2 Smt. Laxmi Devi is sister of defendants. The defendant no. 1 Dr. Shankar Prasad had filed a suit for partition in regard to joint family properties vide T.S. No. 62 of 1992. It is claimed that defendant nos. 1 and 2 pursuaded their mother, plaintiff no. 1 not to take due share since they will maintain her whole life with due respect and regard and also persuaded plaintiff no. 2 and defendant no. 3 (sisters) not to take any share by reiterating the same assurance which was given to the mother. A compromise petition was prepared and the property was mainly allowed to be partitioned between defendant nos. 1 and 2 and a decree of partition in terms of compromise was passed therein on 29/4/1995. The plaintiff no. 1 of this suit was given 1634 sq. ft. of land at Kumhrar and also right to realize rent from a shop at Baripath, Patna.