STATE OF JHARKHAND Vs. PRABHAT SINGHANIA

JUDGEMENT

(1.) The instant CMP has been filed to challenge the legality of the impugned order dtd. 5/2/2024 (Annnexure-5) passed by learned Sub- Judge- X, Deoghar in O.S. No.57 of 2009, whereby and whereunder Misc. Civil Application No.23 of 2023 filed under Order I Rule 10(2) read with Sec. 151 of the CPC on behalf of the interveners Pradeep Singhania & Ors. has been allowed and the plaintiffs/ petitioners were directed to implead them as defendants.

(2.) The aforesaid Original Suit being O.S. No.57 of 2009 has been filed by the State through the Deputy Commissioner, Deoghar & Ors., impleading defendant Nos.1 to 5 for a declaration that the suit property as fully detailed in the schedule of the plaint was a public property and was national heritage which was fraudulently being claimed by defendant no.1. A further declaration has been sought for that the suit property was never in the name of one Nathmal Singhania in his personal capacity.

(3.) Original defendant No.1 appeared in the suit in the year 2009 and contested the same, inter-alia, on the ground that the suit property was purchased by one Kedar Nath Marwari on the basis of registered sale-deed bearing No.75 in the year 1935. Defendant No.2 also appeared and contested the suit.