IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10985 of 2010 1. HRIDAY RANJAN PRASAD @ DINESH PRASAD S/O LATE RAM CHANDRA PRASAD 2. MANORANJAN PRASAD S/O LATE RAM CHANDRA PRASAD 3. CHITRANJAN PRASAD S/O LATE RAM CHANDRA PRASAD 4. AWADHESH PRASAD S/O LATE RAM NARAYAN PRASAD 5. SHEO SHANKAR PRASAD S/O LATE INDRA MANI PRASAD ALL RESIDENTS OF VILLAGE- DHUP NAGAR TOLA DHUSWA, P.O.- DHUP NAGAR, P.S.- NAUTAN, DISTT.- WEST CHAMPARAN ........................ defendants 4th Set/petitioners. Versus 1. SARAYUG MAHATO S/O LATE RAM DHARI MAHATO 2. RAMA SHANKAR MAHATO S/O LATE RAM DHARI MAHATO 3. DHRUB PRASAD S/O SARAYUG MAHATO 4. MADAN PRASAD S/O SARAYUG MAHATO 5. SATYA NARAYAN PRASAD S/O RAMA SHANKAR MAHATO 6. LAL BABU PRASAD S/O RAMA SHANKAR MAHATO ALL RESIDENTS OF VILLAGE - PATKHAULI, P.O.- MUSHAHARI VIA CHUHARI, P.S.- YOGAPATTI, DISTT.- WEST CHAMPARAN 7. BHIKHARI MAHATO S/O LATE DHENUSHDHARI MAHATO 8. BAIDYANATH PRASAD S/O BHIKHARI MAHATO BOTH RESIDENTS OF VILLAGE - PATKHAULI, P.O.- MUSHAHARI VIA CHUHARI, P.S.- YOGAPATTI, DISTT.- WEST CHAMPARAN 9. SABHAPATI MAHATO S/O LATE SITA RAM MAHATO R/O VILL.- BAHORANPUR, P.O.- JAMUNIA, P.S.- NAUTAN, DISTT.- WEST CHAMPARAN 10. RAMJEET MAHATO S/O LATE MAHADEO MAHATO 11. GANESH MAHATO S/O LATE MAHADEO MAHATO 12. INDRASAN PRASAD S/O RAMJEET MAHATO 13. FARUKI PRASAD S/O RAMJEET MAHATO 14. UPENDRA PRASAD S/O RAMJEET MAHATO NO. 10 TO 14 RESIDENTS OF VILLAGE - PATKHAULI, P.O.- MUSHAHARI VIA CHUHARI, P.S.- YOGAPATTI, DISTT.- WEST CHAMPARAN 15. DASAI MAHATO S/O LATE RAM SINGHASAN MAHATO 16. MAHENDRA PRASAD S/O DASAI MAHATO 17. YOGENDRA PRASAD S/O DASAI MAHATO NO. 15 to 17 RESIDENTS OF VILLAGE - PATKHAULI TOLA BAGAHI, P.O.- BAGAHI, P.S.- BAIRIA, DISTT.- WEST CHAMPARAN 18. HIRALAL MAHTO S/O RAMLAL MAHATO 19. RAJENDRA PRASAD S/O RAMLAL MAHATO 20. SURENDRA PRASAD S/O RAMLAL MAHATO No. 18 TO 20 RESIDENTS OF VILLAGE- PATKHAULI, P.O.- MUSHAHARI VIA CHUHARI, P.S.- YOGAPATTI, DISTT.- - 2 - WEST CHAMPARAN AT PRESENT R/O VILL.- NONEYA, P.O.- NONEYA, P.S.- PAHARPUR, DISTT.- EAST CHAMPARAN 21. SUKADEO MAHTO S/O SHRIFAL MAHATO R/O VILL.- BAGAHI BAGHAMBARPUR, P.S.- BAIRIA, DISTT.- WEST CHAMPARAN ....................Respondents. For the petitioners : M/s Mahesh Narayan Purbat. Sanjay Kumar Jha Ved Prakash Srivastava Abhay Kumar Singh, Advocates. 2. 25-08-2010 Heard learned counsel for the petitioners. 2. This writ petition has been directed against order dated 15-05-2010 (Annexure-4) by which Subordinate Judge-III, West Champaran allowed the application of intervener Respondents under Order I Rule 10 (2) read with Section 151 of the Code of Civil Procedure and directed them to be added as party defendants in T.S. No. 84 of 1994. 3. The petitioners were defendants in the aforesaid title suit which was filed by the plaintiffs-respondents 1st Set for partition suit of the suit land and also for declaration that the sale deeds of the year 1954-55 in favour of the defendants-petitioners were illegal, void and not binding upon the plaintiffs. 4. Learned counsel for the petitioners submits that in the aforesaid suit pleading were completed, issues were framed, evidences were led and arguments also started and only at the final stage of argument such an application was filed, which should not have been allowed by the learned court below as it would prejudice the claim of the defendants-petitioners. 5. From the facts and circumstances of the case, it is quite apparent that the suit was filed by the plaintiffs for partition of the - 3 - suit land and the interveners claimed to be its co-sharers, which fact was accepted by the plaintiffs and hence the learned trial court found it proper to add the interveners as party defendants. Thus, there is no occasion for taking a different view. 6. This court does not find any illegality in the impugned order of the court below. Accordingly this writ petition is dismissed with a direction to the trial court to expedite the disposal of the suit in accordance with law without giving any undue adjournment to any of the parties. Sujit (S.N.Hussain,J.)