ANAND KUMAR GAPE Vs. GHANSHYAM GOPE

JUDGEMENT

(1.) Heard Learned Counsel appearing on behalf of the petitioners. The petitioners are aggrieved by order dated 07.01.2009 passed by the Sub-Judge-VI, Hazaribagh in Title Suit No. 30 of 1989 rejecting the application preferred at the instance of intervenor-petitioners on 17.09.2008 and also order dated 18.01.2012 passed by the District Judge, Hazaribagh, in Misc. Appeal No. 02 of 2009 confirming the aforesaid order.

(2.) Suit was instituted in the year 1989 vide Title Suit No. 30 of 1989. The petitioners moved an application to array them as parties intervener, which was rejected, but the said order was set at naught in C.R. No. 427 of 2001, Ghanshyam Gope v. Rajendra Gope & Ors. vide order dated 31.1.2002 and the petitioner was allowed to be arrayed as defendant in the suit. Thus, evidently, the petitioners were permitted to join the proceedings in the month of January, 2002. Thereafter, the application under Order XVIII, Rule 17, CPC, was moved on 17.9.2008 evidently after a long lapse of time.

(3.) I have perused the impugned orders. Specific finding is that the petitioners after filing the written statement waited for a considerable long time for recalling the witnesses examined by the respondents. Since the petitioners failed to appear in the Court for considerable length, the Court below had no other option, but to dismiss the petition of intervenors filed on 17.09.2008. The second application was moved for recalling the aforesaid order and also to permit them to examine the witnesses, which was rejected by the impugned order and confirmed in Misc. Appeal No. 02 of 2009.