SRI NANDAL SAHU Vs. HIRALAL SAHU

JUDGEMENT

(1.) Petitioner is the defendant and the instant petition under Article 227 of the Constitution of India is filed for setting aside the order dtd. 27/2/2025 passed in O.S. No.478 of 2019, whereby and whereunder a petition under Order I Rule 10 read with Sec. 151 of the CPC, has been dismissed.

(2.) Opposite party filed Partition Suit No.153 of 2009 presently numbered as O.S. No.478 of 2019 in which the present petitioner appeared and filed written statement on 8/4/2011.

(3.) On 28/1/2025, petitioner filed a petition to implead legal heirs of his father Late Sita Ram Sahu and for inclusion of other joint property left by his father. This petition has been rejected by the detailed and speaking order inter alia on the ground that he had nowhere taken plea of non-joinder or miss-joinder of the necessary party in his written statement. Further, after defendant's evidence was closed and the record was running for argument, he had filed a petition on 18/11/2024 to complete his evidence by next two dates.