JHARKHAND HIGH COURT ISSUES ORDER ON PANCHU NONIA V/S GAUTAM SINHA AND OTHERS

RANCHI, India, May 28 -- Jharkhand High Court issued the following order on April 28:

1. Heard Mr. Amit Kr. Das, learned counsel appearing for the petitioner, Mr. Shashank Shekhar, learned counsel appearing for the opposite party Nos.1 and 2 and Mr. Saibal Kr. Laik, learned counsel appearing for the opposite party No.3.

2. Mr. Laik, learned counsel appearing for the opposite party No.3 submits that the opposite party No.3 herein is defendant No.3 in the said suit.

3. This petition has been filed under Article 227 of the Constitution of India for setting aside of the order dated 08.04.2024 passed by learned Civil Judge (Senior Division)-IX, Dhanbad in Original Suit No.365 of 2022 whereby the learned Court has been pleased to allow the application dated 04.03.2024 filed by the plaintiff in Civil Miscellaneous Application No.114 of 2024 under Order I Rule 10(2) read with Section 151 of Civil Procedure Code filed in the said suit.

4. Mr. Das, learned counsel appearing for the petitioner submits that the original suit has been filed by the plaintiff who are the opposite parties herein for declaration of Sale Deed No.6702 dated 15.12.1995 for declaration of right, title and interest on the basis of the said sale deed and also for recovery of possession. He submits that upon notice the defendants have appeared and filed their written statement, who is the petitioner and opposite party No.3 herein. According to him, the plaintiffs were knowing about the death of defendant No.2 in spite of that the suit has been instituted against the dead person and when the petition was filed by the defendants disclosing that the defendant No.2 has left for his heavenly abode the petition under Order 1 Rule 10(2) of CPC has been filed and pursuant to that the learned Court has allowed the same. He submits that the learned Court has wrongly allowed the same and in view of the fact that having the knowledge that fact was suppressed and suit was filed. On this ground, he submits that the said order may kindly be set aside.

5. Mr. Laik, learned counsel appearing for the opposite party No.3 submits that the petitioner and opposite party No.3 are in possession of the suit property.

6. Mr. Shashank Shekhar, learned counsel appearing for the opposite party Nos.1 and 2, who are the plaintiffs, submits that inadvertently that has occurred. He further submits that has also been admitted in paragraph No.15 of the petition of present C.M.P. filed by the petitioner herein and that is said to be a formal defect.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqGlv1ApLbtTrFdQAFxmMh6Tpd%2FO3eP8BLfKSPvGqaqtw&caseno=C.M.P./455/2024&cCode=1&cino=JHHC010152142024&state_code=7&appFlag=)

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