BIMLA DEVI Vs. TARANI MAHTO

JUDGEMENT

(1.) Petitioner was the defendant no. 22 in Title (Partition) Suit No. 49 of 2009 and the instant civil miscellaneous petition has been filed for setting aside the order dtd. 3/5/2023 by which her petition for transposition as plaintiff was rejected and on the very next date i.e. on 4/5/2023, the suit was dismissed for default for non-appearance of the plaintiff.

(2.) On perusal of the impugned order dtd. 3/5/2023, it appears that the petition for transposition dtd. 1/4/2023 was rejected on the ground that the affidavit in support of the petition was sworn by one Sushil Prasad Yadav who was neither party to the suit nor was having any power of attorney on behalf of the petitioner.

(3.) The suit was dismissed for default vide order dtd. 4/5/2023 at the stage of argument, as no step was being taken for last six dates from 21/3/2023 on behalf of the plaintiff.