JAG NARAIN SINGH Vs. MATHURA PRASAD SINGH

JUDGEMENT

(1.) This civil revision application is directed against the order dated 26.9.1995. passed by learned Munsif, Sadar, Sitamarthi. in Partition Suit No.131 of 1992 Mathura Prasad Singh v. Shyam Narayan Singh, whereby the petitioner's application under Order XXII, Rule 5. of the Code of Civil Procedure for impleading Maha Sinha @ Mahadevi Sinha. as a party defendant in the suit, has been rejected.

(2.) The petitioner is defendant No. 3 in the partition suit. It is the common case of the parties that they are children of Basudeo Singh. Basudeo Singh died during the pendency of the suit on 7.8.1993, and then the question of substitution of his heirs arose. It is also common case of the parties that Basudeo Singh had again married after the death of his first wife. The present petitioner is from the first wife, and the opposite parties are from the second wife. After the death of the aforesaid Basudeo, Singh, the present petitioner had filed an application under Order XXII, Rule 5 CPC for bringing Maha Sinha on record. His case is that he and Maha Sinha are full brother and sister from one mother. This prayer was objected to by the opposite parties-herein on the ground that Maha Sinha is not the full sister of the petitioner herein. She is the daughter of one Ram Swaroop Singh who figures in another line of the genealogical table of the family. Since the properties of Basudeo Singh are sought to be partitioned in the present suit, there is no occasion to bring on record Maha Sinha. The aforesaid application to bring Maha Sinha on record has been rejected by the Trial Court by the impugned order.

(3.) While assailing the validity of the impugned order, learned Counsel for the petitioner submitted that the question whether or not Maha Sinha is the full sister of the petitioner herein i.e., daughter of Late Basudeo Singh, is an issue which will have to be decided at the hearing of the suit. In his submission, law is well settled that all necessary parties should be brought on record for effective adjudication of the issues raised in the suit.