Patna High Court
Dhrub Deo Prasad vs Bhagwat on 24 March, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.97 of 2023
In
CIVIL REVISION No.40 of 2021
======================================================
1. Dhrub Deo Prasad son of Baidya Nath Prasad resident of Village- Tarwa,
P.O.- Tarwa, P.S.- Siwan Mufassil, District- Siwan.
2. Dharmdeo Prasad, son of Baidyanath Prasad, resident of Village- Tarwa,
P.O.- Tarwa, P.S.- Siwan Mufassil, District- Siwan.
3. Santosh Prasad, son of Late Mukti Prasad, resident of Village- Tarwa, P.O.-
Tarwa, P.S.- Siwan Mufassil, District- Siwan.
... ... Petitioner/s
Versus
2.1. Birendra Prasad, Son of Late Baleshwar Prasad, R/o Village - Tarwa P.S. -
Siwan, Muffasil, District- Siwan.
2.2. Ravindra Prasad Son of Late Baleshwar Prasad, R/o Village - Tarwa P.S. -
Siwan, Muffasil, District- Siwan.
2.3. Anjani Kumar Son of Late Baleshwar Prasad, R/o Village - Tarwa P.S. -
Siwan, Muffasil, District- Siwan.
2.4. Vishal Prasad Son of Late Baleshwar Prasad, R/o Village - Tarwa P.S. -
Siwan, Muffasil, District- Siwan.
2.5. Sunita Devi W/o - Sanjay Rawat, D/o - Baleshwar Prasad, R/o Village -
Geradapur, P.O. - Chanaupura, P.S. - Baikunthpur, District- Gopalganj.
3. Yogendra Prasad, son of Sri Bhagwat Prasad, Resident of Village-Tarwa,
P.S. Siwan Mufassil, District- Siwan.
4. Lalan Prasad, son of Late Radhey Prasad, Resident of Village- Kabirpur
Sakala, P.O.- Sidhawalia, P.S.- Mohammadpur, District- Gopalganj
5. Amar Rai son of Late Bahadur Rai, Resident of Village- Kabirpur Sakala,
P.O.- Sidhawalia, P.S.- Mohammadpur, District- Gopalganj
6. Swami Nath Rai, son of Late Bahadur Rai, Resident of Village- Kabirpur
Sakala, P.O.- Sidhawalia, P.S.- Mohammadpur, District- Gopalganj
7. Madan Yadav, Son of Bikarma Yadav, Resident of village- Audan Patti, P.O.
Bareya, P.S. Mirganj, District-Gopalganj.
8. Ashok Yadav, Son of Bikarma Yadav, Resident of Village- Audan Patti, P.O.
-Bareya, P.S. Mirganj, District- Gopalganj.
9. Most. Lalita Kuar, Wife of Surendra Prasad, Resident of Village- Tarwa, P.O.
Tarwa, P.S. Siwan Mufassil, District-Siwan.
10. Neha Kumari, D/o of Surendra Prasad, Resident of Village- Tarwa, P.O.-
Tarwa, P.S.- Siwan Mufassil, District- Siwan.
11. Priti Kumari, D/o of Surendra Prasad, Resident of Village- Tarwa, P.O.-
Tarwa, P.S.- Siwan Mufassil, District- Siwan.
12. Priya Kumari, D/o of Surendra Prasad, Resident of Village- Tarwa, P.O.-
Tarwa, P.S.- Siwan Mufassil, District- Siwan.
Patna High Court C.Misc. No.97 of 2023 dt.24-03-2025
2/5
13. Mira Devi, Wife of Surendra Prasad, Resident of Village- Dhano Chapra,
P.O. Mirjapur, P.S. Ekma, District- Saran.
14. Babita Kumari, Wife of late Awadhesh Rai, Resident of Village-Pankaj
Takij, P.O. and P.S. Chapra, District-Saran.
15. Geeta Devi, Wife of Dinesh Rai, Resident of Village-Pateri, P.O. and P.S.-
Marhaura, District- Saran.
16. Anita Devi, Wife of Late Sanjay Yadav, Resident of Village- Jafari, P.O. and
P.S. Ekma, District- Saran.
17. Sarda Devi, Wife of Sudarshan Yadav, Resident of Village- Bhairopatti, P.O.
Siswaniya, P.S. Mairganj, District-Gopalganj.
18. Bindu Devii Wife of Rabindr Yadav, Resident of Village- Pegwara, P.S. and
P.O.- Pachrukhi, District-Siwan.
19. Sarita Devi, Wife of Vikash Choudhary, Resident of Village-Quarter No.
D.T./553 HEC Colony, P.S. and P.O.- Dhurwa, District- Ranchi, Jharkhand.
20. Santosh Kumari, Wife of Uday Shankar Singh, Resident of Village-Uchdih
Wajitpur Malhori, P.O.-Bidopur, R.S. District-Vaishali.
21. Mamta Devi, Wife of Mukesh Singh, Resident of Village- Imbrahimpur, P.O.
and P.S.- Wasjitpur Kasturi, District- Vaishali.
22. Bhagiya Devi, Wife of Gopi Yadav, Resident of Village- Awadanpatti, P.O.-
Badhya, P.S.- Mirganj, District- Gopalganj.
23. Ramashish Yadav, Son of late Basant Yadav, Resident of Village-
Rukundipur,P.S. Daraunda, District- Siwan.
24. Sanmato Devi, Wife of late Chaturbhuj Rai, Resident of Village- Rampur
Kichani, P.O. and P.S.- Desari, District- Vaishali.
25. Sanmatiya Devi, Wife of Chaturbhuj Rai, Resident of Village- Rampur
Kichani, P.O. and P.S. Desari, District- Vaishali.
26. Indra Devi, Wife of Nagendra Yadav, Resident of Village- Chakari, P.O.
Rukundipur, P.S. Daraunda, District-Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Pandey, Advocate
For the Respondent/s : Mr.Chandra Kant, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 24-03-2025
Heard learned counsel for the parties.
2. The present petition has been filed for quashing the
order dated 01.02.2021 passed in Title Suit No. 472 of 2017 by
Patna High Court C.Misc. No.97 of 2023 dt.24-03-2025
3/5
learned Sub Judge-I, Siwan whereby and whereunder the
learned Sub Judge rejected the petition dated 17.03.2020 filed
by the plaintiff/petitioners under Order 1 Rule 10(2) of the Code
of Civil Procedure (in short "the Code").
3. At the outset, learned counsel for the petitioner
submits that the impleadment petition under Order 1 Rule 10(2)
of the Code was filed after the fact was brought to the notice of
the plaintiffs/petitioners by the defendants/respondents that the
suit was bad for non-joinder of the necessary parties and for this
reason the application for impleadment was filed. However,
learned trial court rejected the petition observing that the
plaintiffs/petitioners have not mentioned why the persons named
in the application dated 17.03.2020 are necessary parties or how
their impleadment would help in the disposal of the present suit
though it has observed that the defendants stated about suit
suffering from defect of non-joinder of parties. Learned counsel
further submits that the persons who are sought to be impleaded
are the legal heirs who have been left to be mentioned and could
not be made parties. Therefore, the impugned order could not be
sustained and the same be set aside.
4. Learned counsel appearing on behalf of the
respondents though opposes the submission, however he
Patna High Court C.Misc. No.97 of 2023 dt.24-03-2025
4/5
submits that the defendants/respondents have taken a plea in
their written statement that the suit was bad for non-joinder of
parties as necessary parties were not made defendants. Learned
counsel further submits that if the Court is inclined to allow the
present civil miscellaneous petition, the same should be subject
to heavy cost since the plaintiffs did not file the application for
impleadment soon after the filing of the written statement and
filed it after closure of the evidence of plaintiff, defendant 1 st
and 2nd set and when the evidence of defendant 3 rd set was being
recorded.
5. Having regard to the rival submission of the parties
and considering the fact that the defendants have also taken a
plea that some persons were not made parties as defendants and
were not joined in the suit, the learned trial court ought to have
taken this fact into consideration. Though the plaintiffs moved
the application for impleadment at quite a late stage but for
impleadment of party in a suit stage is immaterial. However,
when the plaintiffs themselves are negligent in bringing on
record the necessary parties, they must suffer the consequence.
Therefore, without further discussion, the impugned order dated
01.02.2021
is set aside and application dated 17.03.2020 is
allowed subject to payment of cost of Rs. 10,000/- to be paid to
Patna High Court C.Misc. No.97 of 2023 dt.24-03-2025
the answering respondents on the first date of hearing before the
learned trial court.
6. Accordingly, the present petition stands allowed.
(Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.03.2025
Transmission Date N/A
