SABIR ANSARI Vs. SADA NANDA MANDAL

JUDGEMENT

(1.) The present petition has been preferred under Article 227 of the Constitution of India mainly against the order passed by learned Sub-Judge V, Dhanbad dated 19th September, 2008 in Title (Partition) Suit No. 07/2004 in an application preferred by the present petitioner under Order 1 Rule 10 (2) of the Cole of Civil Procedure, which has been dismissed.

(2.) On 5 th May, 2009 upon hearing the counsel for the petitioner, notice was issued and bailable warrant thereafter was also issued upon respondent Nos. 1, 2, 3, 4, 5, 6, 12, 13, 15, 20 and 21 because they have refused to accept the notice of this Court. Now, learned counsel Mr. Sumeet Gadodia is appearing on behalf of respondent Nos. 12, 13, 15, 16 and 20 and he will file his vakalatnama during course of the day. Though, respondent Nos. 1, 2, 3,5, 6 and 21 are served with the bailable warrant of sum of Rs. 10,000/-, but, nobody have chosen to remain present before this Court in person or through advocate.

(3.) Having heard learned counsels for both the sides and locking to the facts and circumstances of the case, I hereby quash and set aside the order passed by learned Sub- Judge V, Dhanbad dated 19th September, 2008, in an application preferred by the present petitioner under Order 1 Rule 10 (2) of C.P.C. in Title (Partition) Suit No. 07/2004 mainly for the following facts and reasons: