High CourtsSingle Bench(2003) 11 PAT CK 0089

Gauri Shankar Mahton vs Yogi Sah @ Satya Narayan Sah and Others

Patna High Court · Decided on 28 November 2003 · Citation: (2004) 2 PLJR 116

HON’BLE JUDGES
Ravi S. Dhavan, C.J
RESULT
Dismissed
CASE NUMBER
C.R. No. 2147 of 2001

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Judgment

6 paragraphs · 240 words

Ravi S. Dhavan, C.J.—Heard.

2.

The order under challenge is dated 29th August, 2001 in T.A. No. 13 of 1990 Bhag Narain Sah and Ors. v. Ram Shakhi Kuer and Ors.

3.

The Petitioner apparently was seeking impleadment in the array of parties under Order 22, Rule 10 Code of Civil Procedure. This was not permitted. In this regard, the trial Court has noted in paragraph of its order, which is reproduced:

A rejoinder dated 23.2.2001 has been filed on behalf of the Appellant. It has been alleged therein that Gouri Shankar Mahto was Plaintiff No. 2 in the original suit but his name was expunged as per the judgment and order of the lower Court dated 5.6.2000 has already been rejected by the Court and again by suppressing the fact the instant petition has been given. Moreover, the Petitioner had not moved the High Court against the order dated 5.6.2000 and thereafter no 2nd order can be passed. Further, the deed of gift has never been filed by the said Petitioner on any of the occasion.

4.

Thus, cause for rejection of the application is that the Petitioner''s name had been expunged as Plaintiff No. 2 in the same suit and the application in which he was seeking impleadment was of suppression of facts. There is no error in the order of the trial Court dated 29th August, 2001.

5.

This revision application is misconceived and is, accordingly, dismissed.