JAMILA BIBI Vs. HASMUDDIN ANSARI

JUDGEMENT

(1.) This writ petition has been filed against the order dated 5.9.2005 passed by the learned Sub-ordinate Judge-III, Deoghar in Title Partition Suit No. 145 of 2003, whereby the learned Sub-ordinate Judge has rejected the petition under Order I Rule 10 C.P.C.

(2.) The said suit was filed before the Settlement Officer, Santhal Pargana at Dumka in 1999 praying relief for partition of the suit land given in the Schedule appended to the plaint. The said suit was subsequently transferred to the court of Sub-ordinate Judge, Deoghar for final disposal.

(3.) During pendency of the partition suit, the petitioners filed a petition under Order I Rule 10 of the Code of Civil Procedure for their addition as a defendant claiming themselves to be co-sharers of the suit land being grandchildren of the recorded tenant Mahavir Mian.