IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.470 of 2007 ---- Anita Devi W/O Ram Bilas Mahto Resident of Village + P.O. Suja, P.S. Muffasil, Begusarai, District- Begusarai. -- Petitioner-Intervenor. Versus 1. Ram Autar Pandit 2. Anandi Pandit Both sons of Late Santu Kumhar, Resident of Village Chak Sikandar Dhan @ Ratanpur Tola, P.S. Muffassil Begusarai, District-Begusarai. -- Plaintiffs-Opposite Party 1st Set. 3. Bighandeo Pandit @ Biso Pandit 4. Shushil Pandit @ Laddu Pandit Both sons of Late Aedni Kumhar. 5. Shiv Pandit 6. Sunil Pandit Both sons of Late Baleshwar Pandit. 7. Lakhan Pandit son of Late Pultan Pandit. 8. Upendra Pandit son of Lakhan Pandit. 9. Rakesh Pandit 10. Rahul Pandit Both sons of Late Devendra Pandit. 11. Surendra Pandit 12. Babulal Pandit Both sons of Late Rameshwar Pandit 13. Lakshmi Pandit son of Late Bhola Pandit. 14. Chandan Pandit 15. Chote Pandit Both sons of Lakshmi Pandit. 16. Kundan Pandit. 17. Gautan Pandit. 18. Manohar Pandit. 19. Govind Pandit O.P.Nos.16,17,18 and 19 are sons of Late Mahendra Pandit. All resident of Village Chak Sikandar Saidpur Dhan @ Ratanpur Tola, Fargaha, Pargana Milki P.S. Begusarai Muffasil, District- Begusarai. -- Defendants 1st Parties- Opposite Parties 2nd Set. 20. Ramdeo Sah son of Late Bilat Sah 21. Ram Khelawan Sah son of Late Bilat Sah Both residents of Village Suja Tolapur, P.S. Begusarai Muffasil, District- Begusarai. --Defendants 2nd Parties- Opposite parties 3rd Set. ---- For the petitioner : Mr. Sabal Kumar Jha, Advocate. For the opposite parties : None. ------ - 2 - 02. 19.08.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the intervenor- petitioner challenging order dated 18.12.2006 by which learned Subordinate Judge-I, Begusarai rejected her application dated 04.08.2006 under the provision of Order I Rule 10(2) of the Code of Civil Procedure for adding her as a party-defendant to Title Suit No.165 of 2005. 3. The aforesaid suit was filed by the plaintiffs-opposite parties 1st Set for partition of their 1/3rd share and for other ancillary reliefs. In the said suit, the defendants appeared and contested the claim of the plaintiffs and accordingly issues were framed and hearing of the case started. 4. It transpires that on 04.08.2006 the petitioner filed the aforesaid application for being added as a defendant in the suit on the basis of agreement for sale dated 14.06.2005 and a registered deed of sale dated 05.12.2005 in her favour by defendants no.1 and 2 (opposite parties no.3 and 4). The said application was contested by the plaintiffs, whereafter it was dismissed by the learned court below vide its order dated 18.12.2006 which is under challenge in the instant civil revision. 5. From the averments made by learned counsel for the petitioner and the materials on record, including the impugned order, it is quite apparent that the alleged agreement for sale dated 14.06.2005 is an unregistered and Sada paper and even the advance - 3 - of Rs.75,000.00 was claimed by the petitioner to have been paid in cash to the vendor and not by cheque or bank draft, although it was a huge amount. In the said circumstances, the said agreement for sale cannot be legally relied upon. 6. So far the registered sale dated 05.12.2005 is concerned, it was executed much after 02.07.2005 when the aforesaid suit was filed by the plaintiffs-opposite parties 1st Set, hence, the principle of lis pendens would be attracted in the instant case. 7. The learned court below has also considered that the present suit was a partition suit and the vendor was a party and if the suit is decreed they would get a share in the suit properties and the land sold to the petitioner may be adjusted in the share of his vendor. Hence, no useful purpose in the suit would be served if the petitioner is added as a defendant in the suit. 8. In the aforesaid facts and circumstances, this court does not find any illegality or jurisdictional error in the impugned order of the learned court below. Accordingly, this civil revision is dismissed. Sunil (S. N. Hussain, J.)