IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15974 of 2011 Mostt Sahodari Devi & Ors Versus Deo Prasad Yadav & Ors ---------------------------------- 4. 27.09.2011 Heard the learned counsel for the petitioners. This application under Article 227 of the Constitution of India has been filed by the defendants petitioners against the order dated 8.6.2011 passed by Sub Judge-1st, Aurangabad in Partition Suit No. 203 of 2007 as contained in Annexure-4 whereby the learned court below allowed the application filed by one Lachhuman Singh son of late Bijlal Singh Yadav under Order 1 Rule 10. The learned counsel for the petitioners submitted that the said Lachhuman Singh is Nati of Lal Bihari Gop who died prior to 1947 and Nani also died prior to 1956 and mother also died and, therefore, he was not necessary party in the partition suit because he has got no share. From perusal of the impugned order it appears that the learned court below considered the claim of the parties and found that admittedly, he is the son of daughter of Lal Bihari Gop, this fact is admitted. In view of the above since it is the partition suit, he is necessary party. On this finding the learned court below allowed the application. Considering the above facts and circumstances of the case, I find that the learned court below has exercised a judicial discretion and finding has been recorded that the respondent No.8 is necessary party in the partition suit and, therefore, the application has been allowed. Accordingly, I find no reason to interfere with the impugned order. Thus, this writ application is dismissed. S.S. ( Mungeshwar Sahoo, J. )