VINOD KUMAR SINGH, SON OF LATE JALESHWAR PRASAD SINGH Vs. KEDAR NATH SINGH, SON OF LATE SATYA NARAYAN SINGH

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The present writ petition has been filed for quashing the order dated 28.09.2010 passed by Sub Judge I, Dhanbad in Title (P) Suit No. 137 of 2003, whereby the application filed by the respondent nos. 17 to 21 under Order 1, Rule 10(2) of Code of Civil Procedure (hereinafter referred to as "CPC") for addition of parties has been allowed.

(3.) The factual matrix of the case is that the father of the petitioner namely, Jaleshwar Prasad Singh and Kedar Nath Singh (defendant no. 1/respondent no. 1) had purchased a land by way of registered saledeed dated 30.10.1964. The father of the petitioner died leaving behind the petitioner and his mother. The petitioner filed a suit for partition of land being Title (Partition) Suit No. 137 of 2003, wherein the respondent no. 1 appeared and filed written statement alleging therein that though the suit property was purchased jointly, the petitioner has extinguished his right. Thereafter, the issues were framed and the suit was fixed for hearing. In the meantime, the respondent nos. 17 to 21 filed a petition under Order 1, Rule 10(2) CPC for making them parties in the suit claiming therein that they are the real owners of the suit property. The learned Sub-Judge vide order dated 28.09.2010 allowed the intervention petition on the ground that the intervenors are claiming their right, title and interest on the basis of decree passed in Title Suit No. 8 of 1941, where it was found that the deed of gift in the name of Nidhu Bala Dasi and Aparna Dasya were fraudulent and benami transaction. Thus, the petitioner has challenged the order dated 28.09.2010 passed by the learned SubI Dhanbad.