SANJEEV BHAGAT Vs. TEJ LAL BHAGAT

JUDGEMENT

(1.) The instant Civil Miscellaneous Petition has been filed on behalf of the petitioner against the order dtd. 28/2/2023 passed by the learned Civil Judge (Senior Division)-XI, Ranchi in Original Suit No. 595 of 2015, whereby a petition filed by the petitioner for recalling the order dtd. 6/6/2019 has been rejected.

(2.) Learned counsel for the petitioner has submitted that the petitioner/ plaintiff has filed the suit for partition against three co-sharers and he has also impleaded the Deputy Commissioner, Ranchi as defendant in the said suit. During pendency of this suit for partition, the defendant No.1, mother of plaintiff and the defendant nos.2 and 3 had died and no substitution was sought for the same, since all the legal heirs were already on record

(3.) Subsequently, on behalf of the defendant nos.2 and 3 i.e., Tej Lal Bhagat and Dharmesh Kumar Bhagat respectively, the application under Order I Rule 10 of Code of Civil Procedure (in short 'CPC') was moved before the Trial Court to transpose themselves as plaintiffs in the very Original Suit (P.S.) No. 595 of 2015. Learned trial court allowed the said application vide order dtd. 6/6/2019. The order dtd. 6/6/2019 was assailed by the plaintiff moving application on the ground that transposition cannot be made in the suit. The learned Trial Court rejected the application of the petitioner vide order dtd. 28/2/2023. Hence, aggrieved with the orders dtd. 6/6/2019 and 28/2/2023, the petitioner has come before this Court by way of filing the present Civil Miscellaneous Petition under Article 227 of the Constitution of India.