SURESH KUMAR SINGH Vs. SHYAM NANDAN SINGH

JUDGEMENT

(1.) THIS civil revision application has been filed against the order dated 15.3.2005 passed in Execution Case No. 4 of 1992 by the learned Sub -Judge -I, Daltonganj rejecting intervener's application" filed by the petitioner on 21/22.6.1992.

(2.) MR . Shivnath, learned senior counsel, appearing for the petitioner submitted that petitioners are the sons of second wife of Rajnath Singh who was defendant No. 1 in the Partition Suit No. 22 of 1975 and after his death in 1978 petitioners were not substituted as party and therefore, the petitioners had to file the said petition for intervention for raising their objections and claims in the partition suit. He relied on the judgment of Ashan Devi, reported in 2004(1) JCR 124(SC), and submitted that even a third party could raise objection under Section 47 or under Order 21 Rule 97 to 100 C.P.C., but the learned court below has rejected the application filed by the petitioners, for adding them parties and hearing them, on the ground that they were not the parties in the suit.

(3.) IN reply Mr. Shivnath submitted that whether in view of the said deed of gift, petitioners will be entitled to any share or not, is required to be decided by the executing court.