SUSHILA DEVI Vs. SANTOSH KUMAR SINGH AND OTHERS

JUDGEMENT

(1.) Heard the learned senior counsel, Mr. T.N. Maitin for the petitioner and the learned counsel, Mr. Gopal Govind Mishra for the respondent Nos. 3 and 4. In spite of notice, the respondent Nos. 1 and 2 have not appeared.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 21.02.2012 passed by the learned Sub Judge I, Bhojpur at Ara in Title Suit No. 428 of 2008 whereby the learned court below has directed that the petitioner be added as defendant in the suit.

(3.) It appears that the mother of the petitioner and respondent Nos. 3 and 4 namely Raj Kalo Devi filed the aforesaid Title Suit No. 428 of 2008 praying for declaration that the gift deed alleged to have been executed by her in favour of respondent Nos. 1 and 2 dated 15.07.2008 is null and void. During pendency of the suit, Raj Kalo Devi, the mother of three sisters i.e. petitioner and respondent Nos. 3 and 4 died. The present petitioner filed application for being substituted in place of Raj Kalo Devi plaintiff and subsequently two other sisters of the petitioner i.e. respondent Nos. 3 and 4 also filed application for being substituted in place of the deceased Raj Kalo Devi. The learned court below by the impugned order held that the petitioner be added as defendant in the suit and the respondent No. 3 and 4 be added as plaintiff in the suit.