Patna High Court
Aftab HussainversusTabassum Ara
- Decided
- Disposal
- DISMISSED
- Bench
- S B P SINGH
Holding
The order allowing the intervenor’s impleadment is not illegal, and the civil miscellaneous application is dismissed.
Summary
The petitioners filed a civil miscellaneous application seeking to set aside a 16‑December‑2022 order of the Sub‑Judge VI, Patna City, which had allowed an intervenor to be impleaded as a defendant in Title Suit No. 67 of 1995. The intervenor claimed ownership of the suit property based on a Hukumnama settlement, and the trial court permitted his impleadment for a complete adjudication of the suit. The petitioners alleged that the order was illegal and that the present application was maintainable. The High Court examined the statutory provisions under Order I, Rule 10(2) and Section 151 of the Code of Civil Procedure and found no illegality or impropriety in the trial court’s order. It also noted that the plaintiff of the original title suit was not impleaded in the present application, rendering the petition non‑maintainable. Consequently, the Court dismissed the civil miscellaneous application as devoid of merit.
Issues considered
- Whether the order allowing the intervenor to be impleaded as a defendant in Title Suit No. 67 of 1995 is illegal or improper under the CPC.
- Whether the civil miscellaneous application filed by the petitioners is maintainable.
Legislation cited
- Code of Civil Procedure — s. 151, Order I, Rule 10(2)
Subjects
- civil procedure
- impleadment
- intervenor
- title suit
- maintainability
- CPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.367 of 2023
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1. Aftab Hussain Son of Late Syed Shah Israr Hussain, Resident of Dargah
Shah Arza, near Jama Maszid, P.S. Sultanganj, District-Patna.
2. S.M. Shakeel, Son of Late Syed Shah Israr Hussain, Resident of Dargah
Shah Arza, near Jama Maszid, P.S. Sultanganj, District-Patna.
3. Jebi Jabin, D/o Late Syed Shah Israr Hussain, Wife of Syed Shah Samsad
Hussain, Resident of Dargah Shah Arza, near Jama Maszid, P.S. Sultanganj,
District-Patna.
... ... Petitioner/s
Versus
1. Tabassum Ara D/o Late Hafizullah, Wife of Late Shaukat Ali, resident of
Mohalla-Mohammadan Lane No. 1, Bistupur, P.S. Sakchi, District-East
Singhbhum (Jamshedpur), Jharkhand.
2. Kulwanti Devi Wife of Late Ramdeo Mahto, Resident of Dhanuki P.S. Agam
Kuan, District- Patna.
3. Pramila Devi D/o Late Ramdeo Mahto, Wife of Sunil Kumar, Resident of
Village - Dharari, P.O. and P.S. - Ara Town, District- Bhojpur.
4. Daso Mahto Son of Late Fauzdari Mahto, Resident of Jaypur Dhanuki, P.O.
and P.S. Agamkuan, District- Patna.
5. Dev Saran Mahto Son of late Daso Mahto, Resident of Jaypur Dhanuki, P.O.
and P.S. Agamkuan, District- Patna.
6. Suresh Mahto Son of Daso Mahto, Resident of Jaypur Dhanuki, P.O. and
P.S. Agamkuan, District- Patna.
7. Ram Briksh Mahto Son of Late Lakhan Mahto, Resident of Jaypur Dhanuki,
P.O. and P.S. Agamkuan, District- Patna.
8. Shiv Saran Mahto Son of Late Lakhan Mahto, Resident of Jaypur Dhanuki,
P.O. and P.S. Agamkuan, District- Patna.
9. Gajendra Narayan Saxena Son of Rameshwar Prasad Saxena Resident of
Diwan Mohalla, Nauzar Ghat, P.O. Jhauganj, P.S. Khajekalan, District -
Patna so called convener and secretary of a Fake namely Maharaj Kuer
Roop Narayan Singh Trust.
10. Maharaj Kuer Roop Narain Singh Trust Kumhrar, P.S. Aamkuan District-
Patna.
11. The Hindu Religious Trust Board, Through its Chairman, P.S. Kotwali,
District- Patna.
12. The State of Bihar Through the District Magistrate cum Collector, Patna.
13. Abdul Halim Khan Son of Habib Khan, Resident of Narayan, P.S. Mahnaz
District- Vaishali (Old Muzaffarpur).
14. Lallu Mian Son of Late Chhotey Abdul Aziz, Resident of Dargah Shah
Arzan, P.S. Sultanganj, District- Patna.
15. Masood Fatima, D/o late Shah Syed Asfique Hussain, Resident of Dargah
Sah Arzan, P.S. Sultanganj, District- Patna.
Patna High Court C.Misc. No.367 of 2023(8) dt.02-02-2026
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16. S.M. Shakeel, Soin of Late Shah Issrar Hussain, Resident of Village Dargah
Sah Arzan, P.S. Sultanganj, District- Patna.
17. Jebi Jabin D/o - Late Shah Issrar Hussain, Resident of Dargah Sah Arzan,
P.S. Sultanganj, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar
For the Respondent/s : Mr.Md. Anisur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
8 02-02-2026 The instant civil miscellaneous application has been
filed for setting aside the order dated 16.12.2022 passed in Title
Suit No. 67 of 1995 by learned Sub-Judge VI, Patna City
whereby he has allowed the intervenor to be impleaded as
defendant on the basis of application filed by her on 05.12.2022
under Order I, Rule 10(2) of Code of Civil Procedure r/w
Section 151 of Code of Civil Procedure.
2. Title Suit No. 67 of 1995 has been filed by the
plaintiff against the defendant meanwhile intervenor has filed a
petition claiming the suit property on the basis of Hukumnama
settlement and by the impugned order, the learned Trial Court
has allowed his petition of impleadment for proper and
complete adjudication of the suit. There is no illegality and
impropriety in the impugned order. Moreover, petitioner has not
impleaded the plaintiff of the Title Suit No. 67 of 1995 in the
present civil miscellaneous case who is master of the above Title
Patna High Court C.Misc. No.367 of 2023(8) dt.02-02-2026
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suit. So, on this score also, this case is not maintainable.
3. In view of the aforesaid facts and circumstances,
this Court is of the considered opinion that the present civil
miscellaneous is devoid of merit and is, accordingly, rejected.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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