PAHWARI RAI Vs. SURESH RAI

JUDGEMENT

(1.) Plaintiff of Partition Suit No.42 of 2004 has filed this writ application for quashing the order dtd. 13/2/2015 passed by Subordinate Judge II, Bagaha, West Champaran whereby and whereunder prayer of intervener defendant for impleading her as party to the suit under Order 1 Rule 10(2) of CPC was allowed.

(2.) Heard learned counsel for petitioner and the respondents.

(3.) Petitioner filed the aforesaid suit for partition of his ancestral property claiming share to the extent of 1/2 in the land mentioned in Schedule II of the plaint. The case of plaintiff is that his father died leaving behind him, his three brothers and a sister. Out of them, his sister died leaving behind her husband and a son who have been impleaded as defendant nos.19 and 20 (respondent nos.14 and 15 before this court). The defendant nos.1, 2, 5, 6, 8 to 11 and 13 filed their written statement denying the claim of plaintiff. As against the statements made in paragraph 6 of the plaint, the defendants have admitted that Jagarnath Rai (father of plaintiff) died about 20 years ago and his wife also died leaving behind four sons and one daughter but his daughter is also dead. Thus, the defendants have admitted that the sister of plaintiff no.1 is dead. The intervener Gamlawati Devi claiming to be sister of plaintiff and daughter of Jagarnath Rai filed a petition for impleading her as party to the suit which was allowed.