JAGDEEP PRASAD SINGH Vs. ANAND KISHORE SINHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 10.08.2018 passed by the learned Sub Judge-VI, Samastipur in Final Decree Case No.28 of 2009 arising out of Partition Suit No.271 of 2000 whereby he has allowed the application filed by the respondent second set and has directed the office to incorporate his name as defendant in the plaint.

(3.) It is contended by the learned counsel for the petitioner that the court below has erred in allowing the intervention petition filed by the respondent second set and dismissing the recall petition filed by the petitioner. It is further contended that in view of absence of challenge to the preliminary decree, impleadment petition at the stage of final decree is not maintainable. The third party is not entitled to be impleaded at the stage of final decree for the purpose of deciding the rival claims.