KUNAL KHOWALA Vs. MINA RUNGTA

JUDGEMENT

(1.) This Civil Miscellaneous Petition has been filed for quashing the order dtd. 2/12/2021 passed by Civil Judge (Sr. Div.)-III, Deoghar in Original Suit No.108 of 1998, whereby and whereunder the learned Trial Court exempted the plaintiff from substituting the legal heirs of defendant no.9-Kailash Prasad Khowala, as well as for quashing the order dtd. 8/4/2022 passed in the same case dismissing the petition for being impleaded as a party to the suit under the provision of Order I Rule 10.

(2.) One Bhagwati Prasad Khowala son of Devi Prasad Khowala instituted a suit as Original Suit No.108 of 1998 for declaration that sale deed bearing registration No.2336 dtd. 17/8/1998 executed by defendant first party in favour of defendant Nos.4 and 5 was illegal and void ab initio and for a permanent injunction to restrain defendants second party from alienating and encumbering the suit property. In the said suit, opposite party No.2/defendant No.4 and opposite party No.3/defendant No.5 appeared and filed written statement.

(3.) Originally, the father of present petitioner was not impleaded in the suit however, he was impleaded as defendant No.9 vide order dtd. 26/11/2008. The petitioner died on 13/2/2021 and due to situation arising out of Covid pandemic, the substitution petition could not be filed and after getting information, the present petition under Order I Rule 10 C.P.C. was filed which has been rejected, hence this petition.