Patna High Court
Kunal Ravi SinghversusSharda Devi and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
The order of the Judicial Magistrate rejecting the petition is set aside and the petitioner is to be impleaded as a defendant in Title Suit No. 28 of 2008.
Summary
The petitioner, Kunal Ravi Singh, filed a civil‑miscellaneous application before the Patna High Court seeking to quash the order dated 14 September 2018 of the Judicial Magistrate, 1st Class, Bhagalpur, which had rejected his petition under Order I Rule 10(2) of the Code of Civil Procedure for being impleaded as an intervenor defendant in Title Suit No. 28 of 2008. The petitioner asserted that he is a son of the deceased Chandra Bhushan Singh and that the suit property is ancestral, giving him a direct interest, and that his impleadment is necessary for a complete adjudication of the dispute concerning a sale deed dated 29 August 2003. The High Court examined whether the magistrate was correct in refusing the petition and held that the petitioner’s claim of a proprietary right warranted his inclusion as a defendant. Consequently, the court set aside the magistrate’s order and directed that the petitioner be impleaded as a defendant in the title suit. The application was allowed and disposed of.
Issues considered
- Whether the petitioner can be impleaded as an intervenor defendant under Order I Rule 10(2) of the CPC in the pending title suit.
- Whether the magistrate’s rejection of the petition was legally justified.
Legislation cited
- Code of Civil Procedure — s. Order I Rule 10(2)
Subjects
- civil procedure
- intervention
- impleadment
- ancestral property
- title suit
- order quashing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.51 of 2019
======================================================
Kunal Ravi Singh S/o Late Chandra Bhushan Singh, Resident of Mohalla-
Chhoti Kanjarpur, Shivajee Path, S.M. College Road, P.S.- Barari, District-
Bhagalpur, at present residing at Krishna Apartment Coloney More 3rd Floor,
Kankarbagh, Patna.
... ... Petitioner/s
Versus
1. Sharda Devi and Ors W/o Late Chandr Bhushan Singh,
2. Kunal Shashi Singh, S/o Late Chandra Bhushan Singh, Both resident of
Shivajee Path, S.M. College Road- Chhoti Khajarpur, P.S.- Barari, District-
Bhagalpur.
3.1. Shyamlal Das Son of late Gonu Das, Resident of Mohalla - Chhoti
Khanjarpur (Near Makbara) P.S. Bavari, District- Bhagalpur.
3.2. Prabhakar Kumar Son of Shyam Lal Das, Resident of Mohalla - Chhoti
Khanjarpur (Near Makbara) P.S. Bavari, District- Bhagalpur.
3.3. Pradip Kumar Son of Shyam Lal Das, Resident of Mohalla - Chhoti
Khanjarpur (Near Makbara) P.S. Bavari, District- Bhagalpur.
3.4. Sarita Devi Wife of Vinay Kuamr Das, D/o Shyam Lal Das Resident of
Mohalla - Goradih, P.S. - Goradih, District- Bhagalpur.
4. Pawan Kumar, S/o Hari Prasad Yadav, Resident of Mohalla- Bari
Khanjarpur P.S.- Barari, District- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlendu Shekher Thakur
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
6 29-01-2026 The instant Civil Miscellaneous application has
been filed for quashing the order dated 14.09.2018 passed
by learned Judicial Magistrate, 1st Class, Bhagalpur in Title
Suit No. 28 of 2008 by which the learned Judicial
Magistrate has been pleased to reject the petition dated
06.04.2018 filed on behalf of the petitioner under Order I
Patna High Court C.Misc. No.51 of 2019(6) dt.29-01-2026
2/3
Rule 10(2) of the Code of Civil Procedure for adding him as
intervenor defendant in the suit.
2. Learned counsel for the petitioner submits that
intervenor/petitioner Kunal Ravi Singh is one of the sons of
late Chandra Bhushan Singh and the Title Suit No. 28 of
2008 has been filed by the wife of intervenor petitioner as
well as his one of the brother to declare the sale deed as null
and void purported to be executed by his mother and his
brothers namely, Kunal Shashi Singh and Kunal Sunny
Singh on 29.08.2003.
3. Although the aforesaid sale deed has not been
executed by the present intervenor/petitioner, he claims to
be one of the sons of Late Sharda Devi, and asserts that the
suit property is ancestral in nature, in which he has right,
title, and interest. In view of the said claim, his
impleadment is necessary for the proper and complete
adjudication of the issues involved in the present case.
4. In view of the above facts, the impugned order
dated 06.04.2018 passed by learned Judicial Magistrate, 1st
Class, Bhagalpur is set aside. Let the petitioner be
impleaded as one of the defendants in Title Suit No. 28 of
Patna High Court C.Misc. No.51 of 2019(6) dt.29-01-2026
3/3
2008.
5. With the aforesaid, the instant application
stands allowed and disposed of.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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