SUMITRA DEVI Vs. CHANDAN MUNDA

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder order dated 30.04.2019 passed in Misc. Civil Appeal No. 147 of 2018 arising out of Title Suit No. 139 of 2007 by which petition filed under Order I Rule 10 of the Code of Civil Procedure, by which legal heirs and successor of original plaintiff nos. 2, 7 and 11 has been allowed impleading them party to the proceeding on the ground that they are necessary parties to the suit and issues involved in the suit cannot be decided without impleadng them.

(2.) The brief facts of the case, as per the pleadings made in the writ petition, is that a suit has been filed by the plaintiffs/respondents against the defendants/petitioners being Title Suit No. 139 of 2007 for declaration of right, title and interest of the plaintiffs over the suit property after evicting the defendants from the suit property and for other relief or reliefs, the Court deem fit and proper and further after passing of preliminary decree, for appointment of Survey Knowing Pleader Commissioner to give delivery of possession of the suit property to the plaintiffs. The contesting defendant nos. 1 and 2 have appeared and filed their written statement opposing the prayer made in the plaint. Issues have been framed and suit is pending for evidence of the defendants. Defendant Nos. 1 and 2 have filed a petition informing to the Court that plaintiff No. 2 has died on 24.10.2017 and as such plaintiffs be directed for taking proper steps, accordingly the learned Court directed the plaintiffs for taking proper steps as per law, but even after lapse of about nine months, the plaintiffs could not comply with the order, hence, the trial Court passed the order on 06.08.2018 holding therein that the suit has been abated so far plaintiff no. 2 is concerned.

(3.) After lapse of more than a year, petition dated 04.09.2018 under Order I Rule 10 read with Section 151 CPC was filed on behalf of heirs and legal representatives of plaintiff nos. 2, 7 and 11 stating therein that they may be added as plaintiffs to the suit, to which, rejoinder was filed on behalf of defendant nos. 1 and 2 taking the stand inter alia that the present petition is not maintainable under Order I Rule 10 read with Section 151 CPC mainly for the reason that the suit since has been abated so far as plaintiff no. 2 is concerned and as such the petition filed under Order I Rule 10 CPC has been allowed, against which, the present writ petition under Article 227 of the Constitution of India has been filed under its revisional jurisdiction.