SURENDRA GOSHWAMI Vs. BIJENDRA GOSWAMI AND OTHERS

JUDGEMENT

(1.) The defendant no. 4 of Title Partition Suit No.154 of 2013 has filed this application for setting aside the order dated 13.05.2014 passed by the Sub-Judge-I, Patna City whereby and whereunder the prayer of petitioner to transpose him in the category of plaintiff was rejected and the suit of the deceased plaintiff was ordered to be withdrawn on the application filed on 06.06.2013.

(2.) Heard learned counsels for the petitioner as well as the respondents.

(3.) The original plaintiff Mosmat Kewla Devi filed the aforesaid suit for partition of land mentioned in schedule-A of the plaint and also for declaration that the sale deed dated 15.02013 executed by her in favour of defendant no. 2 be declared as illegal, void, sham and not binding on the plaintiff and defendant 2nd set. The suit was filed on 10.04.2013 and the defendants were summoned. The plaintiff filed requisites for notices on defendants and on the same day, a fresh vakalatnama of plaintiff along with a petition to withdraw the suit was filed. The present petitioner, who was defendant no. 4 in the said suit, appeared on 16.12.2013 and filed a written statement. He supported the case of plaintiff Kewla Devi. The sole plaintiff Kewla Devi died on 31.12.2013 and thereafter, this petitioner filed a petition on 17.01.2014 for transposing him as plaintiff. The said petition was rejected as per order dated 105.2014.