ANAMI SHARAN SINHA Vs. ANUP KUMAR SINHA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE intervenor -defendant/petitioner has filed the present application against the order dated 5.12.2001 passed by the Subordinate Judge IV, Ara in Title Suit No. 253 of 1996 by which he has rejected the application filed by the petitioner under Order 1 Rule 8(5) read with Section 151 of the Code of Civil Procedure for transposing him in place of the plaintiff who is not proceeding with the suit.

(3.) THE defendants appeared and filed two separate written statements. One was filed by defendant No.1 Murli Prasad and other was filed by defendants No. 2 and 3 who are sons of Murli Prasad. According to their case, apart from three brothers, there was another brother, namely, Badri Narain and Badri Narain had one daughter, namely, Kalawati Devi. Badri Narain died 29 to 30 years ago and Kalawati Devi also died leaving behind her heirs who are necessary party in the suit. Hit Narain Lal and Krit Narain Lal never lived in jointness rather all the four sons of Harbansh Lal were separate. The property in suit was purchased by wife of Krit Narain Lal and after her death Krit Narain Lal married with one Lahaso Kunwar and Krit Narain Lal executed a Will in her favour. After death of Krit Narain Lal, Lahaso Kunwar executed deed of gift in favour of defendant No. 2 who is in possession. They further stated that the plaintiffs have no share in the property.