IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.72 of 2007 SHASHI BALA KUMARI Versus JALESHWAR SHARMA @ JANESHWAR SHARMA ----------- 02. 05.05.2008 Heard learned counsel for the intervener-petitioner, who has challenged order dated 01.12.2006 by which the learned Subordinate Judge-II, Danapur, rejected her petition for being impleaded as party in Title Suit No. 39 of 2000. The aforesaid suit was filed by plaintiff-opposite party 2nd set against defendants-opposite parties 1st set for partition of the suit property as they belonged to the same family and the plaintiff claimed the suit property as joint ancestral property. In the said suit, pleadings were completed, issues were framed, evidences were concluded and arguments on behalf of the defendants was completed and the argument on behalf of the plaintiff was on the verge of completion. At this stage, the intervener petitioner filed a petition for being added as a party to the suit on the basis of a deed of mortgage executed by defendant no.1 on 04.06.2003 i.e. much after filing of the suit in the year 2000. The learned court below has found that by the said mortgage neither any title has been created nor on its basis the petitioner can be impleaded as it was a document pendente lite and the intervener will be bound by the decree of the trial court and so far the mortgage is concerned, he may take appropriate steps in that regard. In the aforesaid facts and circumstances, this court does not find any illegality or jurisdictional error in the impugned - 2 - order of the learned court below and accordingly, this civil revision is dismissed. harish (S.N. Hussain, J.)