RANJIT SINGH @ RANE Vs. SATYABHAMA DEVI

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder the order dated 16th March, 2019 passed in Miscellaneous Case No.01 of 2019 by Civil Judge, Junior Division-I, Jamshedpur is under challenge whereby and whereunder the petition filed under Section 47 read with Order XXI Rule 98 of the C.P.C. has been rejected.

(2.) It is the case of the petitioners that they have never been made parties to the proceeding pertaining to the Title Eviction Suit No.05 of 2001 and therefore, the decree passed therein is not executable against them and for that reason a petition under the provision of Section 47 of the C.P.C. has been filed but the Court has rejected the same without appreciating the factual aspect and the legal position, therefore, the instant writ petition.

(3.) Having heard the learned counsel for the petitioner, gone across the pleading made in the writ petition as also the finding recorded in the impugned order.