PRADEEP KUMAR BAJAJ, S/O LATE CHHOGMAL BAJAJ, R/O SARAI ROAD, DUMKA TOWN, P.O., P.S.DUMKA TOWN, SUB DIVISION & DISTRICT DUMKA Vs. SHARAD KUMAR BAJAJ AND OTHERS

JUDGEMENT

(1.) Aggrieved by order dated 02.08.2014 in Title (Partition) Suit No.45 of 2007 whereby, application under Order I Rule 10(2) Civil Procedure Code filed by the plaintiff has been allowed, the present writ petition has been filed.

(2.) The petitioner is defendant no.3 in the partition suit. The suit property is a house property. The plaintiff has claimed that the suit property, which is a house was streedhan of one Bhagwani Devi Bajaj. The defendant no.2 in the partition suit is father of the plaintiff and defendant nos.1 and 3 are uncles of the plaintiff. The parties concluded their argument on 29.05.2014 and thereafter, application under Order I Rule 10(2) Civil Procedure Code was filed by the plaintiff seeking impleadment of daughter of common ancestors.

(3.) The learned counsel for the petitioner submits that after hearing the parties, judgment was reserved on 31.05.2014 however, vide order dated 02.08.2014, application dated 30.05.2014 filed by the plaintiff seeking impleadment of daughter of the common ancestors has erroneously been allowed. Referring to application filed on behalf of respondent nos.2 to 9 filed in Title (Partition) Suit No.45 of 2007, the learned counsel for the petitioner submits that the respondents/daughters of common ancestors appeared in the partition suit and categorically stated that they have no claim over the suit property nonetheless, the trial Judge has allowed application under Order I Rule 10(2) CPC.