Patna High Court
Nuzhat NazversusSabiha Naseem
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The petition is dismissed as the matter has become infructuous due to the deaths of the original respondent and the petitioner.
Summary
The petitioner sought to set aside an order dated 17-12-2015 that rejected his application for impleadment in Miscellaneous Appeal No.1/2002 under Order 1 Rule 10 of the CPC. The petitioner died in 2020 and applications for substitution of his heirs were filed, while the original respondent (the petitioner's mother) also died, leading to substitution of her heirs. Both parties argued over whether the petition should proceed, with the petitioner’s counsel contending that the appellate court’s observation of forged documents required reconsideration. The respondents argued that the death of both the original respondent and the petitioner rendered the matter infructuous. The court held that, given the deaths and the resulting lack of a live dispute, the petition was moot and therefore disposed. All pending interlocutory applications were also dismissed.
Issues considered
- Whether a civil miscellaneous petition challenging the rejection of an impleadment application can be entertained when the parties have died, rendering the matter infructuous.
- Whether the appellate court's observation that the petition was based on forged documents can be set aside in the absence of a live dispute.
- Effect of substitution of deceased parties on the continuance of the original proceeding.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 1 Rule 10
Subjects
- impleadment
- civil miscellaneous petition
- infructuous
- death of parties
- substitution of parties
- forged documents
- CPC Order 1 Rule 10
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.41 of 2025
In
Civil Writ Jurisdiction Case No.3488 of 2016
======================================================
Yasir Naseem, son of Late Naseem Akhtar, permanent resident of Mohalla-
Line Bazar Chowk Purnea, P.S.-Khazanchi Haat, P.O.-Purnea, District-
Purnea, at present residing at Mohalla-Naugharwa Sultanganj, P.O.
Mahendru, P.S.-Sultanganj, District-Patna.
... ... Petitioner/s
Versus
1. Nuzhat Naz wife of Late Ashraf Imam, resident of Mohalla- Line Bazar
Chowk Purnea, P.S.- Khazanchi Haat, P.O.- Purnea, District- Purnea.
2.1. Md. Yasir Naseem, S/o Sabiha Naseem, Resident of Mohalla- Sultanganj
Naugharwa, P.S. Sultanganj, District- Patna.
2.2. Faisal Naseem, S/o Sabiha Naseem, Resident of Mohalla- Sultanganj
Naugharwa, P.S. Sultanganj, District- Patna.
2.3. Md. Kashif Naseem, S/o Sabiha Naseem, Resident of Mohalla- Sultanganj
Naugharwa, P.S. Sultanganj, District- Patna.
2.4. Huma Naseem Hussain, D/o Sabiha Naseem, resident of ETIA-E-ABBAS,
Narkatghat, Painthantoli, Alamganj, Patna- 800007.
4. Mrs. Sabina Mustafa Wife of Sharful Haque, daughter of Late Mustafa
Mallick, residing at City Centre Complex, Bari Road, Patna.
5. Miss Rubina Mustafa, Daughter of Late Mustafa Mallick, residing at City
Centre Complex, Bari Road, Patna.
6. The Bihar State Sunni Waqf Board through its Chief Executive Officer, 34,
Haj Bhawan, Second Floor, Hardinge Road Ali Imam Path, Patna.
7. Asmat Ismailee Wife of Late Akhtar Imam Ismailee, resident of Nisha
Apartment R.T.O. Karbala Kohe Fiza Town and District- Bhopal M.P.
8. Ejaz Imam Ismailee, son of Late Akhtar Imam Ismailee, resident of Nisha
Apartment R.T.O. Karbala Kohe Fiza Town and District- Bhopal M.P.
9. Farhat Imam, daughter of Late Akhtar Imam Ismailee, resident of Nisha
Apartment R.T.O. Karbala Kohe Fiza Town and District- Bhopal M.P.
10. Nikhat Imam, daughter of Late Akhtar Imam Ismailee, resident of Nisha
Apartment R.T.O. Karbala Kohe Fiza Town and District- Bhopal M.P.
11. Dr. (Mrs.) Akhtar Jahan Mallick, wife of Dr. Azhar Imam Ismailee, resident
of Mohalla- Line Bazar Chowk Purnea, P.S.- Khazanchi Haat, P.O.- Purnea,
District- Purnea at presently residing at Post Box No. 3489 Riqua Dubai
U.A.E.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sajid Salim Khan, Sr. Advocate
Md. Sufyan, Advocate
For the Respondent/s : Mr. Waliur Rahman, Advocate
Patna High Court C.Misc. No.41 of 2025 dt.17-04-2026
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Mr. Iqbal Asif Niazi, Advocate
Ms. Tooba Hera, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 17-04-2026
Heard learned counsels for the parties.
2. The instant civil miscellaneous petition has been
filed seeking the following reliefs :-
“A. For issuance of an appropriate order or
direction setting aside the order dated 17-12-2015
(Annexure-18) passed by Sri Md. Perwez Alam
Additional District Judge 4th Patna District-Patna
in Misc Appeal No-1/2002 whereby petition ated
27-04-2015 filed under Order 1 Rule 10 CPC by
the intervenor/petitioner with a prayer to implead
him as party respondent in the case has been
rejected by the court below.
B. For issuance of an appropriate order or
direction directing the Court below to rehear the
petition dated 27-04-2015 filed under Order 1 Rule
10 CPC by the intervenor/petitioner and after
hearing the parties allow the same and implead
the intervenor/petitioner as party respondent in the
case.
C. For any other relief or reliefs for which
petitioner is entitled in the opinion of this Hon’ble
Court.”
3. The short facts of the case are that the original
petitioner filed an application before the court of learned
Additional District Judge-4, Patna in Misc. Appeal No.01/2002
under Order 1 Rule 10 of the Code of Civil Procedure for his
impleadment, but the said application was rejected and the
Patna High Court C.Misc. No.41 of 2025 dt.17-04-2026
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petitioner came before this Court challenging the order dated
17.12.2015, by which the application of the petitioner for his
impleadment was rejected.
4. It has been submitted at the bar that the petitioner
died on 21.06.2020 and I.A.No.04/2021 and I.A.No.06/2024
have been filed for the substitution of the deceased petitioner. It
also appears respondent no.2 was the mother of petitioner and
after her death, the petitioner has been made party as respondent
no. 2(A) and his two brothers, namely Faisal Naseem and Md.
Kashif Naseem have been made party as respondent nos. 2(B) &
2 (C) in the present case, vide order dated 24.10.2019 passed in
CWJC No.3488 of 2016 by learned Coordinate Bench of this
Court. It is pertinent to note here that CWJC No.3488 of 2016
has been converted into the present civil miscellaneous petition
and vide the same order, the respondent no. 3, namely Najma
Ismailee was deleted from the array of the parties as her
heirs/legal representatives were already on record as
respondents. This Court took note of this anomaly in its order
dated 04.08.2025 as to how the matter has been proceeding after
the death of the petitioner.
5. Now, it has been submitted on behalf of both the
parties that the present matter be disposed of as the original
Patna High Court C.Misc. No.41 of 2025 dt.17-04-2026
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respondent no.2 was already a party in Misc. Appeal No.
01/2002 as respondent no.1 and after her death, her heirs/legal
representatives including this petitioner would have been
substituted in her place. Hence, nothing remains in the matter
and the matter has become infructuous.
6. However, Mr. Sajid Salim Khan, the learned senior
counsel, who represented the petitioner, submits that
interlocutory applications have been filed for bringing on record
the brothers of the deceased petitioner as legal representatives of
the deceased. Moreover, the petitioner was not only aggrieved
by his non-substitution, but was also aggrieved by an
observation made by the learned appellate court that the
intervener petition was filed on the basis of forged and
fabricated documents. This observation might cause prejudice in
the mind of the learned appellate court.
7. The contention of the learned senior counsel has
been vehemently opposed by Mr. Waliur Rahman, learned
counsel for the respondents, who submits that as the matter has
become infructuous due to death of respondent no.2 and now
the petitioner has also died, nothing remains in the matter and
the submission made by the learned senior counsel is without
any legal force. However, Mr. Waliur Rahman, on specific
Patna High Court C.Misc. No.41 of 2025 dt.17-04-2026
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query, concedes that the veracity of documents of the petitioner
have not been tested and there was no occasion for the learned
first appellate court to record any finding about the documents
of petitioner being forged and fabricated.
8. Having regard to the peculiar facts and
circumstances of the case and also considering the fact that the
matter became infructuous when the respondent no. 2 died and
now the petitioner is also dead, the present civil miscellaneous
petition is disposed of in the light of discussion made
hereinabove.
9. Pending interlocutory applications, if any, also stand
disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.04.2026
Transmission Date NA
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