SHILA DEVI Vs. RAGHUNATH THAKUR

JUDGEMENT

(1.) THE revision petition has been tiled against the order dated 14.9.2004 passed by Sub -Judge -IV, Sitamarhi in Partition Suit No. 248 of 2002. whereby the petition tiled by the defendants -petitioner under Order I Rule 10(2) of the C.P.C. for addition of. party, has been rejected.

(2.) THE relevant facts of the case are that the plaintiff -opposite party filed the abovementioned suit for partition against the defendants. The defendant nos. 3 and 4, the petitioners, appeared in the suit and filed written statement wherein statement was made that some of the joint family property has been left out. They also gave separate schedule of the joint family property in their written statement/counter claim and stated that the property purchased in the name of wife of the plaintiff is a joint family property and it was purchased by joint family fund. The relief was also sought for partition of the property mentioned therein. The petitioners thereafter filed an application for adding Prema Devi, wife of the plaintiff as defendant in the suit as joint family property, is in the name of Prema Devi. The said application has been rejected by the order impugned.

(3.) ACCORDINGLY , the revision petition is allowed. The order impugned is hereby set aside.