ASHOK KUMAR PANDEY Vs. PANDEY MITHILESH KUMAR SINHA

JUDGEMENT

(1.) HEARD.

(2.) THIS application has been filed by the petitioner who wanted to intervene as a defendant in Title Partition Suit No. 357 of 2003 pending before Sub judge VI, patna. By the impugned order dated 07.06.2005, the learned Sub judge has rejected his application for intervention as a defendant. The plea of the petitioner in support of his intervention and being added as a party was that he was the adopted son of late Pandey Ambika Prasad and, as such, was an interested party in the said partition suit as the partition was sought for amongst the descendants of the same heir of the joint family. In support of his application for being added as a party in the partition suit, the petitioner had placed reliance apart from other principally on two documents. The first was the matriculation certificate granted in the year, 1974 by the Bihar School Examination Board which showed the petitioner to be the son of Pandey Ambikia Prasad. The second was the deposition of Shri Krishnandan Sahay, the former Mayor of Patna as recorded on commission in Title Suit No. 454 of 1983. The trial Court has not accepted the application merely on the ground that the petitioner having filed the said Title Suit No. 454 of 1983 before the Sub judge VI, Patna in which evidence was partly recorded but ultimately the title suit and application for its restoration was both dismissed for default and, as such, evidence recorded therein was of no consequence.