MOHAN HIMATSINGKA Vs. JOYCE ROUT

JUDGEMENT

(1.) THE Intervener defendant is the petitioner in this case and has challenged the part of the order dated 7th February, 1994 passed by leaned Subordinate Judge, Dumka in Title Suit No. 21/63. By the impugned order, the learned court below ordered to deposit the record of the suit in the record room after impleading the petitioner as party to the suit.

(2.) A Title Partition Suit No. 21/3 of 1963/86 was instituted by the plaintiffs O.P. 1st set for partition to the extent of 1/3rd share in the suit property. Initially, suit properties were described in three schedules A, B & C when suit was instituted on 11th Jute, 1963. Schedule D property was added by the Court's order dated 30th September 1966.

(3.) THE suit property originally belonged to one Balhi Murmu, a Santhal lady who married one Fredrick William Martin Said F.W. Martin died in the year 1926 and Balhi Murmu died in the year 1958. The original land holder had three sons, namely, R. Martin (father of defendant no. 1 to 1 (c), H. Martin and P. Martin Both R. Martin and H. Martin died in the year 1943 and P. Martin left finally for England in 1946.