IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.620 of 2009 1. YUGESH MANDAL, S/O SRI BAIJNATH MANDAL 2. BAIJNATH MANDAL, S/O LATE DAROGI MANDAL BOTH RESIDENT OF VILLAGE-KURSELA, P.S. & P.O.- KURSELA, DISTRICT-KATIHAR ………………INTERVENER………………PETITIONERS. Versus 1. BINDA SINGH 2. SURESH PRASAD SINGH 3. SHIVAJEE PRASAD SINGH SL. 1 TO 3 SONS OF LATE GULJAR SINGH, R/O VILLAGE-HARPUR FATIK BARA, P.S.-MAHNAR, DISTRICT-VAISHALI ……………PLAINTIFFS/OPPOSITE PARTIES 4. SRI AWADHESH SINGH 5. SRI SACHIDANAND SINGH 6. SRI GOPAL SINGH SL. 4 TO 6 SONS OF LATE JAI MANGAL SINGH 7. SRI VINAY KUMAR SINGH 8. SRI RAJEEV KUMAR SINGH 9. SRI ARUN KUMAR SINGH SL. 7 TO 9 SONS OF LATE GIRISH NANDAN SINGH SL. 4 TO 9 RESIDENT OF VILLAGE-HARPUR FATIKBARA, P.S.-MAHNAR, DISTRICT-VAISHALI …………DEFENDANTS 1ST SET/O.Ps. 10. MOST. BAGHESHWARI KUNWAR WIDOW OF LATE SATRUGHAN PD. SINGH 11. CHANDRA SHEKHAR SINGH 12. RAMESH SINGH SL. 11 AND 12 SONS OF LATE RAMASHISH SINGH SL. 10 TO 12 RESIDENT OF VILLAGE-HARPUR FATIKBARA, P.S.-MAHNAR, DISTRICT-VAISHALI …………DEFENDANTS 2ND SET/O.Ps. 13. MOST. RAMA DEVI, W/O LATE RAM LAKHAN SINGH 14. AKHILESH SINGH, S/O LATE RAM LAKHAN SINGH 15. AMRENDRA SINGH, S/O LATE RAM LAKHAN SINGH 16. KISHORE SINGH, S/O LATE RAM LAKHAN SINGH 17. MUKESH SINGH, S/O LATE RAM LAKHAN SINGH 18. MOST. LALPARI DEVI, W/O LATE AMEER SINGH 19. RABINDRA KR. SINGH, S/O LATE AMEER SINGH 20. DEVENDRA KUMAR SINGH, S/O LATE AMEER SINGH 21. TAPESHWAR PD. SINGH, S/O LATE THAGAN SINGH SL. 13 TO 21 RESIDENT OF VILLAGE-HARPUR FATIKBARA, P.S.-MAHNAR, DISTRICT-VAISHALI …………DEFENDANTS 3RD SET/O.Ps. 22. SURENDRA SINGH, S/O LATE RAGHU SINGH 23. BRAJ NANDAN SINGH, S/O LATE RAGHU SINGH 24. CHATURBHUJ SINGH, S/O LATE HARI KISHORE SINGH 25. ASHOK SINGH, S/O LATE HARI KISHORE SINGH 26. GAJENDRA SINGH, S/O LATE HARI KISHORE SINGH SL. 22 TO 26 RESIDENT OF VILLAGE-NEW CHOWK KURSELA, P.S.-KURSELA, DISTRICT-KATIHAR …………DEFENDANTS 4TH SET/O.Ps. 27. NARVIND SINGH, S/O LATE JAGDISH SINGH 28. SATYENDRA SINGH, S/O LATE JAGDISH SINGH 29. FULO SINGH, S/O LATE JAGDISH SINGH 30. KEDAR SINGH, S/O LATE RAM BALIK SINGH 31. BACHCHU SINGH, S/O LATE RAM BALIK SINGH SL. 27 TO 31 RESIDENT OF VILLAGE-HARPUR FATIKBARA, P.S.-MAHNAR, DISTRICT-VAISHALI - 2 - …………………DEFENDANTS 5TH SET/O.P.s. ----------- 2 22.04.2009 Petitioners have filed this revision application against order dated 19.1.2009 by which their petition under Order I Rule 10 has been rejected by the learned court below with the finding that the plots which the petitioners claim to have purchased are not included in the scheduled of the plaint of the Partition Suit and, therefore, the petitioners were neither necessary nor proper party so as to be impleaded in the suit. Learned counsel for the petitioners submits that the learned court below has committed error of record as the plots which were purchased by the petitioners from the plaintiffs have in fact been included in the scheduled of the plaint by subsequent amendment by order dated 19.5.2008. In that view of the matter, liberty is granted to the petitioner to file an application for review of the impugned order before the court below pointing out that the plots in which they had acquired interest by purchase have become subject matter of the suit by subsequent amendment allowed by the aforesaid order and, - 3 - therefore, they are at least proper parties to be impleaded in the suit to defend their interest. If such an application is filed by the petitioners before the learned court below, the court below shall verify the facts stated therein from the records and shall pass appropriate orders in the matter in accordance with law after hearing the parties. With above observations and directions, this revision application is disposed of. Arvind/ (J. N. Singh, J.)