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Judgment
Gautam Kumar Choudhary, J
Petitioners are defendant Nos.1 to 4 in Original Suit No.31 of 2024 filed by plaintiffs/ Opp. Party Nos.1 to 3 for declaration of right, title and interest as well as for recovery of possession.
These petitioners filed a petition dated 16.07.2025 to implead the Deputy Commissioner, Seraikella-Kharsawan as party under Order I Rule 10(2) r/w section 151 of CPC as a defendant on the plea that the suit was filed by non-tribal/ plaintiff(s) against the tribal with respect to the landed property. Subsequently the amendment petition was filed disclosing that they were not the members of the Schedule Tribe rather they were members of Scheduled caste.
The petition for impleadment has been rejected on the ground that the mandate of impleading the Deputy Commissioner in a suit was for members of Scheduled Tribes and not of Scheduled Castes.
It is argued by learned counsel for the petitioners that the sale by a member of Scheduled Caste in favour of any other person who is not a member of Scheduled Caste is barred under Section 46(1)(b) of the C. N. T. Act. It further mandates that any sale, without permission of Deputy Commissioner was impermissible.
Having considered the submissions advanced, I do not find any merit in the instant CMP for impleadment of the Deputy Commissioner, which is required only in the matter which involves sale by a member of scheduled tribe. The said amendment was brought in Civil Procedure Code as well as in Chotanagpur Tenancy Act in terms of Order I Rule 3 CPC and Section 46 (3A) of the C. N. T. Act inserted w.e.f. 01.02.1977 by act of 104 of 1976.
Accordingly, I find the instant civil miscellaneous petition shorn of any merit and is consequently, dismissed with cost. Cost assessed to be Rs.5,000/-.