RAJ KUMAR SINGH Vs. RAMA MUKHARJEE

JUDGEMENT

(1.) Heard learned counsel for both the parties at length.

(2.) The present petition has been filed for the following reliefs:-

(3.) It is submitted by learned counsel for the intervenors/petitioners that Partition Suit No. 42 of 2018/588 of 2013 was filed by the co-sharer before Sub- Judge, XIV, Gaya but in that Partition Suit, the petitioners/intervenors were not impleaded as party despite being co-sharers with mala fide intention and subsequently a petition which was filed by the intervenors/petitioners under Order 1, Rule 10 C.P.C was not decided and without adjudicating the aforesaid petition filed under Order 1, Rule 10 C.P.C, a petition filed by the plaintiff/petitioner under Order 23, Rule 1 of the C.P.C for withdrawal of the entire suit, was allowed and the case was permitted to be withdrawn by the learned Sub-Judge, XIV, Gaya which is not sustainable in the eyes of law.