SURENDRA NATH SHARMA Vs. RAJENDRA KUMAR SHARMA

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against the order dated 8.3.2007 passed by Sub -Judge -VII, Deoghar in Title Partition Suit No. 32/2000 whereby he has rejected the petition filed by the petitioner along with proforma respondents -defendants.

(2.) THE question that arose for consideration is as to whether daughter being a co -parcener is a necessary party in a suit for partition of ancestral co -parcenary property.

(3.) LEARNED Counsel for the petitioner assailed the impugned order on the ground inter alia that after amendment of Hindu Succession (Amendment) Act, 2005, daughter of a co -parcener has right title and interest over the ancestral property. Learned Counsel further submitted that daughters of Sri Lal Sharma have equal shares in the suit property and therefore, the court below has committed serious error of law in rejecting the application for impleading them as parties in the suit.