RAJENDRA KUMAR SHARMA Vs. SURENDRA NATH SHARMA

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 5. 2. 2008 passed by the learned Single Judge in W. P (C) No. 2166/2007, by which the writ petition was allowed, directing the defendant-petitioner-respondent to implead the daughters also to the Title Partition Suit No. 32/2000, which is pending trial in the court of Sub-Judge VII, Deoghar.

(2.) THE plaintiff-appellant, who was respondent before the learned single Judge, has preferred this appeal and in support of the same, it was submitted that the Partition Suit has been filed not for division of the coparcenary property inherited by the Karta of the family but for the property which had been raised by the father and sons of the family and the learned Single Judge has committed an error in recording that the Partition Suit, which is pending, relates to the partition of joint family ancestral property.

(3.) IN so far as the nature of the property, which is involved in the partition Suit, is concerned, the appellate court at this stage cannot form an opinion as to whether the suit property is a coparcenary property or is the property raised by the father and sons of the family or that the sisters are not required to be included. In any case, the nature of the suit property, which is the subjectmatter of the trial, obviously will be considered by the trial court on the basis of the evidence adduced by the parties and if the suit is a partition suit, all the members constituting the joint family will have to be impleaded as defendants. For this reason alone, we find no infirmity in the order passed by the learned Single Judge.