BHARAT CHOUBEY Vs. UDIT NARAIN CHOUBEY

JUDGEMENT

(1.) RAM Nandan Choubey of Village -Dusaiya, District Palamau had three sons, namely, Janki Choubey, Manki Choubey and Bindeshwari Choubey. Janki Choubey had a son, Balkeshwar, who left behind his son Shyam Sundar Choubey, Manki Choubey left behind three sons, Bhola Nath, Dhanukdhari and Nagendra Nath. Bindeshwari Choubey had two wives, Ramkali Kuer and Bhagwanti Kuer. Ramkali Kuer had a daughter, Kishun Kali Kuer, who was married with Bhuneshwar Choubey. She died in the year 1967, leaving behind her son, Bharat Choubey, the plaintiff and a daughter, Pranpati Devi, defendant no. 2 Bindeshwari Choubey also got a son, Udit Narain Choubey, defendant no. 1 from his second wife.

(2.) PLAINTIFF filed Partition Suit No. 35 of 1978 against the defendants for partition of his half share in the suit properties, detailed in Schedules A and B to the plaint.

(3.) DEFENDANT no. 1 filed written statement and contested the suit. According to him, the suit was barred by non -joinder of parties as the members of the other two branches, namely, Janki Choubey and Manki Choubey, who were also joint, were not impleaded in the suit. Fulwanti Kuer had not pre -deceased her husband, who died in the year 1942, rather she died in or about the year 1945 and it was Ram Kali Kuer, who had actually pre -deceased her husband. In fact, Ramkali Kuer had died before the year 1925. So, Kishun Kali Kuer or the plaintiff or defendant no. 2 had no occasion to get any share in the properties held by Bindeshwari Choubey.