RAJENDRA THAKUR Vs. JAWAHAR THAKUR

JUDGEMENT

(1.) HEARD Mr. B. N. Sinha 'Suman ', learned counsel for the petitioner.

(2.) THIS Civil Revision is directed against the order dated 16.2.2006 passed by the Sub Judge -ll, Rosera, Samastipur in Title Suit No. 38 of 1999, whereby a petition filed on behalf of the Opposite Party no.5 for adding him as a party defendant in the suit has been allowed by the court concerned. It is submitted on behalf of the petitioner that without taking leave of the court, one of the defendants immediately after filing of the suit on 1.6.1999, has sold part of the suit property to the opposite party no.5 on 7.6.1999. It is further submitted that since the transaction was made without leave of the court, the court below ought to have rejected the prayer as the opposite party no.5 could not be the necessary party.

(3.) THE trial court after hearing the rival submissions of the parties had noticed that an agreement for sale was entered into between the concerned defendant and the opposite party no.5 on 24.5.1999 itself and thereafter the suit was filed and, thus, after filing of the suit, the sale deed concerned was executed in favour of the opposite party no.5. Since the agreement for sale was effected prior to the partition suit and the subsequent sale was effected within a week after filing of the title suit concerned, the court below has held that in the interest of justice it would be appropriate to implead the opposite party no.5 as defendant.