SHAKUNTALA DEVI Vs. SURESH KUMAR PRASAD SAH

JUDGEMENT

(1.) This writ petition is filed under Article 227 of the Constitution of India whereby and whereunder order dated 07.07.2017 passed in Money Execution Case No. 20 of 2010 by the Civil Judge (Sr. Div).I-Deoghar, is under challenge whereby and whereunder the Execution Case No.20 of 2010 has filed for deleting their names as they are not necessary and proper parties under Order I Rule 10 (2) read with Section 151 of the Code of Civil Procedure, has been rejected.

(2.) It is the factual aspect also involved in this case that a proceeding was initiated under the Bihar Building (Lease Eviction and Control) Act, 1982 by the Rent Controller, Deoghar for invoking the said order being Money Execution Case No.20 of 2010 against the father of the petitioners namely Late Gopal Prasad Sah, but he has died in course of its pendency thereafter an application has been filed for impleadment of the petitioners as party to the said Execution Case which was allowed vide order dated 17.06.2013 by which, the legal heirs / petitioners have been substituted by the court and contested the said Execution Case.

(3.) It is admitted case of the petitioner that neither the order dated 17.06.2013 nor the order dated 01.08.2015 has been assailed by them, thereafter the present petition has been filed under Order I Rule 10(2) read with Section 151 of the C.P.C., which has been rejected by the executing court vide order dated 07.07.2017 for the reasons that the petitioners since have been impleaded as party vide order dated 17.06.2013, the said order having not been questioned rather they have contested the case, therefore, they are liable to execute the said order passed by the rent controller which will be treated to be a decree within the provision of Section 23 of the Bihar Building (Lease Eviction and Control) Act.