Created by Fuzzy Cloud

Patna High Court

Kunal Ravi SinghversusSharda Devi and Ors

Decided
Disposal
DISPOSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.