Ledu Devi & Others vs Sitaram Ravi & Others
2022 Latest Caselaw 606 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Civil Writ Jurisdiction)
               W.P. (C) No. 5923 of 2019
                       ........

Ledu Devi & Others .... ..... Petitioners Versus Sitaram Ravi & Others .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :- Video Conferencing) ............

For the Petitioners : Mr. Rajesh Kr. Mahtha, Advocate.

For the Respondents               :
                                   ........
05/22.02.2022.

Heard, learned counsel for the petitioners, Mr. Rajesh Kumar Mehtha.

The plaintiffs / petitioners have preferred this writ petition for setting aside the order dated 28.02.2019 passed in Partition Suit No. 27/2012 passed by learned Civil Judge, Senior Division-II, Lohardaga, whereby the applications dated 30.01.2019 and 18.02.2019 filed under Order I Rule 10 (2) read with Section 151 C.P.C. by Ganesh Rabidas @ Ganesh Ram and Laxman Rabidas @ Laxman Ram to implead them as party, have been allowed, subject to payment of cost of Rs. 2000/- each and further they have been directed to file their written statement.

Learned counsel for the petitioner has submitted that at the fag end of the case, at the stage of judgment, these two persons namely, Laxman Ravidas @ Laxman Ram and Ganesh Ravidas @ Ganesh Ram have been impleaded themselves as defendant nos. 6 & 7 on the ground that they went to unknown place from their childhood and never returned back to the village and they were traceless.

Be that as it may, this Court under Article 227 of the Constitution of India has superintendence power, which this Court is not inclined to exercise for interfering with the award, but in the interest of justice, defendant nos. 6 & 7 namely, Laxman Ravidas @ Laxman Ram and Ganesh Ravidas @ Ganesh Ram are directed to file their written statement within 30 days from the date of production of copy of this order before learned Civil Judge (Senior Division)-II, Lohardaga, if the same have not been filed till date and further one month's time is granted to defendant nos. 6 &7, each to

adduce their evidence and re-call the witnesses of the plaintiffs on specific question to cross-examine, so that suit, which is pending since 2012 with respect to partition may be disposed of by the end of this year and if the defendant nos. 6 & 7 will not file their written statement within 30 days from the date of production of copy of this order, court below may proceed in accordance with law.

Learned Civil Judge (Senior Division)-II, Lohardaga is also directed that no unnecessary adjournment shall be granted to defendant nos. 6 & 7.

Accordingly, the writ petition is disposed of. Let a copy of order be communicated to the court below through 'FAX'.

(Kailash Prasad Deo, J.) Sunil/-