DINU MANI MANDAI @ DIRAMONI MANDAI Vs. MAHADEO MANDAI

JUDGEMENT

(1.) HEARD the parties. The origiral plaintiff Fakir Mandai filed Title Suit No. 186 of 1966 against Mahadeo Mandai for declaration of title over the suit land. Fakir Mandai died during the pendency of the suit and in her place her four daughters, Rakhu Mandalain was substituted as plaintiff, where, as his second daughter Chala Mandalain was added as defendant no.2. Rakhu Mandalain also died and her sons and daughter were substituted in her place. Chala Mandalain thereafter died issueless, during the pendency of the suit and her name was simply expunged. The suit was decreed and Manadeo Mandai has filed Title Appeal No. 40 of 2002 against the said decree, which is pending disposal. In the said appeal the petitioner, Dinamoni Mandai filed a petition to be added as respondent on the ground that she was adopted daughter of late Chala Mandalain and a registered deed of adoption dated 18.4.1980 was executed by her. The plaintiffs denied her claim of the intervenor. It was also found that Chala Mandalain in paragraph 6 of her written statement had stated that she was living with her father, who had entered into a compromise in the suit. For the aforesaid reasons the court of appeal below rejected her petition under Order 1, Rule 10 of the Code of Civil Procedure with a liberty to the intervenor to avail appropriate remedy for determination of her claim over the suit land.

(2.) I find no reason to interfere with the said order in revision under section 115 of the Code of Civil Procedure. Revision application is dismissed.