RANCHI, India, June 16 -- Jharkhand High Court issued the following order on May 15:

1. Heard the parties.

2. This Civil Miscellaneous Petition has been filed invoking jurisdiction of this Court under Article 227 of the Constitution of India with the prayer to quash the order dated 04.10.2023 passed by the Munsif, Koderma in Title Suit No. 25 of 2008 by which the application filed by the opposite party No.1 of this CMP for being impleaded as intervenor in the said Title Suit has been allowed. The opposite party no.1 of this Civil Miscellaneous Petition has been arrayed as defendant no.4 in the said Title Suit

3. In this Civil Miscellaneous Petition further prayer has been made for quashing the consequential order dated 15.3.2024 passed by the Civil Judge Junior Division Munsiff, Koderma framing additional issues in relation to grant of relief to the defendant No.4 as contained in Annexure-8 to this Civil Miscellaneous Petition and also for quashing the consequential order dated 14.8.2024 passed by the said Civil Judge Junior Division by which the learned Civil Judge Junior Division has allowed the prayer of the defendant no.4 of the said Suit to crossexamine the witnesses of the plaintiff in exercise of the power under Order XVIII Rule 17 read with section 151 of the Code of Civil Procedure.

4. The brief fact of the case is that the petitioner Nos.1 and 2 are respectively the plaintiff no. 2 and plaintiff no.1 of the said Title Suit no. 25 of 2008. The said Title Suit No. 25 of 2008 was filed by the petitioner no.2 herein as plaintiff no.1 and her husband Rampati Pandit as plaintiff no.2. The undisputed fact remains that after death of Rampati Pandit during pendency of the said Title Suit No. 25 of 2008 the legal representatives of Rampati Pandit through his second wife who is plaintiff no.1, namely, Shanti Devi, have been substituted as plaintiff no.2 to 2/d in the said plaint. The undisputed fact remains that the opposite party no.1 herein who has been impleaded as defendant no.4 is the son of Rampati Pandit through his first wife, namely, Bhagwati Devi.

5. The Title Suit No. 25 of 2008 has been filed with the prayer for declaration of title of plaintiff no.1 of the Suit and confirmation of her possession and consequential reliefs. The opposite party no.1 of this Civil Miscellaneous Petition filed a petition under Order I Rule 10 read with section 151 of the Code of Civil Procedure stating that since he is the son of Rampati Pandit he may be impleaded as plaintiff. By the impugned order dated 04.10.2023 in the said Title Suit no. 25 of 2008 the learned Munsif considered the claim of the said intervenor Opposite Party No.1 herein that he is the son of Rampati Pandit has remained uncontroverted, hence, the opposite party no.1 of this Civil Miscellaneous Petition is the necessary party for adjudication of the Suit and his impleading in the suit is necessary to avoid multiplicity of the litigation in future and allowed the said petition and arrayed the intervenor as defendant no.4. After filing of the written statement by the defendant no.4, vide order dated 15.3.2024, the learned Civil Judge Junior Division, Koderma passed an order for framing of additional issues and also allowed the defendant no.4 to cross-examine the witnesses of the plaintiff vide the order dated 14.8.2024 in the said Title Suit no. 25 of 2008.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqLnqWvubUeHzwJ53ntnCo5xQoH7HspSJQDppbTJeHM8%2F&caseno=C.M.P./1091/2024&cCode=1&cino=JHHC010373822024&state_code=7&appFlag=)

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