CHANDRA SHEKHAR SINGH Vs. PRADEEP SINGH AND ORS

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 quashing the order dtd. 11/10/2018 passed by the learned Sub-Judge-1, Aurangabad in Partition Suit No. 268 of 2016 whereby he has allowed the petition filed on behalf of the applicant-respondent 1st set under Order-1, Rule 10 of the Code of Civil Procedure (for short 'CPC') for adding respondent 1st set as defendant.

(3.) Learned counsel for the petitioner submitted that the plaintiff-petitioner filed a partition suit vide Partition Suit No. 268 of 2016 claiming his 1/7 share in the entire suit property as appended in Schedule I situated in village Kaithi, P.S. Goh, District- Aurangabad and Schedule II of the suit land situated in village-Dumra and Narsan, P.S- Daudnagar, Haspura, which he derived from his maternal grand father, namely, Sheo Bhajan Singh and further sought relief to hold the compromise decree in Partition Suit No. 297 of 2015 illegal, invalid and inoperative and not binding upon the plaintiff-petitioner. He submitted that respondent 1st set has no concern either with the Schedule I or Schedule II property, but they filed an application under Order 1, Rule 10 of the Code of Civil Procedure praying therein to add them as intervenor defendants in the Partition Suit No. 268 of 2016 on 10/3/2017, which has been erroneously allowed by the court below. He contended that the grounds on which the application filed by the applicant-respondent 1st set has been allowed is contrary to the provisions prescribed under the Code of Civil Procedure.