IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.341 of 2008 1. Rajendra Kumar Singh, son of late Ram Chandra Singh, resident of Mohalla Bhikanpur, Gumti No.2 Near Neknamshah Dargah, Lane P.S. Ishaq Chak (Kotwali), District-Bhagalpur. 2. Sarita Devi Wife of Rajendra Kumar Singh, resident of Mohalla Bhikhanpur, Gumti no.2, Near Neknamshah Dargah, Lane, P.S. Ishaq Chak (Kotwali) District- Bhagalpur. ---- Intervenor --- Petitioenrs. Versus 1. Smt. Urmila Devi, wife of late Sri Jitendra Kumar 2. Ashok Kumar 3. Manoj Kumar 4. Pawan Kumar, all sons of late Sri Jitendra Kumar 5. Manish Kumar 6. Mrinal Kumar, both sons of Sri Ashok Kumar, both of them have become major. All resident of village and P.S. Saidpur, P.S. Gopalpur, District-Bhagalpur ---- Appellant nos. 2 to 7 --- Defendants nos. 4a, 4b, 4c, 4d, 4e and 4f ---- Opposite Ist Parties. 7. Krishna Kumar son of late Uchit Lal Kumar 8. Smt. Satyabhama Devi wife of late Uchit Lal Kumar 9. Subla Devi 10. Renu Devi 11. Geeta Devi, all daughters of late Uchit Lal Kumar, all resident of Mauza Saidpur, P.O. Saidpur, P.S. Gopalpur, District-Bhagalpur --- Respodnents Ist Parties --- Plaintiffs --- Opposite 2nd party. 12. Smt. Umada Devi daughter of late Hriday Narayan Kumar and widow of late Indradeo Singh, resident of village and P.O. Gorha Rampur, District Munger. 13. Smt. Sunita Devi, daughter of late Hirday Narayan Kumar and wife of Naresh Singh, resident of Village Amba, P.O. and P.S. Shahkund, District-Bhagalpur. 14. Sri Jaideo Kumar, son of Ayodhya Kumar and husband of late Sumitra Devi daughter of late Hriday Narayan Kumar 15. Raj Kumari Devi daughter of late Surti Devi 16. Meena Devi daughtyer of late Surti Devi, all residents of Village Bakahra, P.O. Badalpura, P.S. Badalpura, District- Begusarai. ---- Respondent Second Party/defendant –First Party --- Opposite IIIrd Party 17. Sri Vivekanand Keshari, son of late Mishri Kumar. 2 18. Shri Shailendra Kumar 19. Sri Bijendra Kumar 20. Sri Virendra Kumar, all sons of late Kiratan Kumar, residents of Village and P.O. Saidpur, P.S. Gopalpur, District-Bhagalpur --- Respondents third party/defendants 2nd Party ---- Opposite 4th Party. ------------ 2. 2.8.2010 Heard Mr. Raj Kumar for the petitioners. This application under section 115 of the Code of Civil Procedure has been preferred by the intending respondent of Title Appeal No.79 of 2005 (Urmila Devi Vrs. Sri Kirshna Kumar and others), currently pending in the court of the learned 3rd Additional District & Sessions Judge, Naugachia, whereby his application to be impleaded as a party respondent has been rejected. We have perused the materials on record and considered the submissions of learned counsel for the petitioners. The said Title Appeal No. 79 of 2005 arises out of Title Suit No.1 of 1993, which is a partition suit between the agnates. The present petitioners purchased a portion of the suit property from one of the parties in the suit who is also a co-sharer, by registered sale deed dated 29.11.2003. The suit was disposed of by judgment and decree dated 20.5.2005, and the present petitioners did not take any step to be impleaded as a party respondent in the suit. The 3 aggrieved parties preferred the aforesaid Title Appeal No. 79 of 2005, and the present petitioners filed application dated 2.3.2007, to be impleaded as a party respondent in the appeal. The application has been rejected by the learned court of appeal below by order dated 13.12.2007, mainly on the ground that case of the petitioners is covered by doctrine of Lis-Pendens and he has stepped into the shoes of his vendor who is a party to the appeal. We agree with the reasoning assigned by the learned court below. There is one more reason for rejection of the present civil revision application. As stated hereinabove, the transfer in favour of the present petitioners took place on 29.11.2003, the suit was disposed of on 20.5.2005, and the petitioners did not take steps to be impleaded as defendants in the suit. We do not find any just and proper reason to allow such a belated application at the appellate stage. This application is accordingly rejected. Vinay/ ( S. K. Katriar,J. )