Patna High Court
Pikesh KumarversusRanjit Pal
- Decided
- Disposal
- DISMISSED
- Bench
- S B P SINGH
Holding
The deletion of the petitioners as defendants was not illegal as the claim is sub‑judice before another competent court, and the application to quash the order was dismissed.
Summary
The petitioners filed a civil miscellaneous application seeking to quash an order dated 08‑02‑2023 passed by the Sub‑Judge, II, Sherghati, which had deleted them as defendants in Title Suit No. 29 of 2018 under Order I Rule 10(2) of the CPC. They claimed a valid gift deed in their favour, while the respondent argued that the claim of the petitioners had already been decided ex‑parte in Title Suit No. 282 of 2015/101 of 2008 and was presently pending in another suit (Misc. No. 13 of 2023) before the Sub‑Judge, I, Sherghati. The High Court held that, because the matter was sub‑judice before a competent court, there was no illegality in the deletion of the petitioners from the 2018 suit. Consequently, the application to quash the order was dismissed, with a direction that the parties may seek transfer of the suits to the same court to avoid conflicting judgments.
Issues considered
- Whether the deletion of the petitioners as defendants in Title Suit No. 29 of 2018 was illegal or improper.
- Whether the order passed under Order I Rule 10(2) of the CPC can be quashed on the ground of pending litigation.
- Whether the existence of a parallel suit creates a conflict of judgments requiring transfer.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order I Rule 10(2)
Subjects
- Civil Procedure Code
- Order I Rule 10
- Title suit
- Sub‑judice
- Deletion of parties
- Quash order
- Miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1233 of 2023
======================================================
1. Pikesh Kumar S/o Late Ram Autar Bhagat Resident of Village-Kurmawan,
Police Station- Barachatti, District- Gaya.
2. Rambilas Prasad S/o Late Ram Autar Bhagat Resident of Village-
Kurmawan, Police Station- Barachatti, District- Gaya.
3. Matia Devi @ Malti Devi W/o Shri Balku Prasad Resident of Village-
Kurmawan, Police Station- Barachatti, District- Gaya.
4. Parvati Devi W/o Shri Naresh Prasad Resident of Village-Kurmawan, Police
Station- Barachatti, District- Gaya.
5. Meena Devi W/o Shri Bishwanath Prasad Resident of Village-Kurmawan,
Police Station- Barachatti, District- Gaya.
... ... Petitioner/s
Versus
1. Ranjit Pal S/o Late Kailash Bhagat Resident of Village-Kurmawan, Police
Station- Barachatti, District- Gaya.
2. Rajnish Pal S/o Late Kailash Bhagat Resident of Village-Kurmawan, Police
Station- Barachatti, District- Gaya.
3. Phulvanti Devi W/o Late Kailash Bhagat Resident of Village-Kurmawan,
Police Station- Barachatti, District- Gaya.
4.1. Umesh Kumar S/o Late Brahmdeo Bhagat, R/o - Village - Kurmawan, P.S. -
Barachatti, District- Gaya.
4.2. Dilip Kumar S/o Late Brahmdeo Bhagat, R/o - Village - Kurmawan, P.S. -
Barachatti, District- Gaya.
4.3. Satish Kumar S/o Late Brahmdeo Bhagat, R/o - Village - Kurmawan, P.S. -
Barachatti, District- Gaya.
4.4. Sunaina Devi W/o Sadagar Bhagat, R/o Village - Singhpokhar, P.O. -
Chilling, P.S. - Dobhi, District- Gaya.
4.5. Kunti Devi W/o Sarjun Bhagat, R/o - Village Ghatparariya, P.O. - Pachmo,
P.S. Hariharganj, District- Daltenganj (Jharkhand).
4.6. Kanti Devi W/o - Umesh Bhagat, R/o - Village - Bahuara, P.O. - Rajai, Bijai,
P.S. and District- Aurangabad.
7. Manoj Kumar S/o Shri Sahdeo Bhagat Resident of Village- Kurmawan,
Police Station- Barachatti, District- Gaya.
8. Shravan Kumar S/o Shri Sahdeo Bhagat Resident of Village- Kurmawan,
Police Station- Barachatti, District- Gaya.
9. Santosh Kumar S/o Shri Sahdeo Bhagat Resident of Village- Kurmawan,
Police Station- Barachatti, District- Gaya.
10. Vikash Kumar S/o Shri Sahdeo Bhagat Resident of Village- Kurmawan,
Police Station- Barachatti, District- Gaya.
... ... Respondent/s
======================================================
Patna High Court C.Misc. No.1233 of 2023(7) dt.06-02-2026
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Appearance :
For the Petitioner/s : Mr.Ashok Kumar
Mr. Amarnath Singh
Mr. Bibhuti Narayan
For the Respondent/s : Mr.Binod Kumar Sinha
Mr. Suraj Narain Yadav
Mr. Nikhilesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
7 06-02-2026 The instant civil miscellaneous application has
been filed for quashing the order dated 08.02.2023 passed
by Sub-Judge,II, Sherghati, Gaya in Title Suit No. 29 of
2018 whereby the petition filed by the respondent under
Order I Rule 10(2) dated 28.02.2023 of Civil Procedure
Code has been allowed.
2. Learned counsel for the petitioners submits that
Title Suit No. 29 of 2018 has been filed by the
respondent/plaintiff for carving out their 1/3 rd share in the
suit property against the other co-parceners along with other
ancillary reliefs and in the said title suit petitioners were
arrayed as defendant nos. 8 to 12.
3. Learned counsel further submits that
petitioners’ interest in the suit is that a gift deed has been
executed in their favour by Ram Ratni Devi wife of
Jageshwar Singh and Jageshwar Singh was the own brother
of the great grandfather of plaintiff which also find support
Patna High Court C.Misc. No.1233 of 2023(7) dt.06-02-2026
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from the generological table appended in schedule 1 of the
plaint.
4. Learned counsel for the respondent submits that
the claim of aforesaid defendant nos. 8 to 12 has earlier
been decided in Title Suit No. 282 of 2015/101 of 2008 vide
judgment dated 20.04.2016. However, the said judgment or
order is ex-parte and against which, as per submission of
learned counsel for the petitioners miscellaneous no. 13 of
2023 is going on before the Court of learned Sub-Judge I,
Sherghati, Gaya. At present, this suit is also pending before
the Court of Sub-Judge II, Sherghati Gaya.
5. So, in view of this fact the claim of defendant
nos. 8 to 12 whose name has been deleted by the impugned
order is still sub-judice before a competent Court of
Sherghati, Gaya so there is no illegality and impropriety in
the deletion of the said defendant from the Title Suit No. 29
of 2018.
6. Hence, the present civil miscellaneous
application stands dismissed. However it would be proper
for petitioner to file a petition before learned Principal
District Judge to transfer the Title Suit No. 29 of 2018 and
Patna High Court C.Misc. No.1233 of 2023(7) dt.06-02-2026
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Miscellaneous Case No. 13 of 2023 in the same Court with
a direction to pass a judgment on the same day to avoid
possibility of any conflicting judgment.
7. With the aforesaid, the instant application
stands disposed of.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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