IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.951 of 2009 Braj Kishore Roy S/o Late Triveni Roy resident of Village Rajba Pragana Parari P.S. Rosera at present P.S Hasanpur Dist. Samastipur Plaintiff- Petitioner Versus 1. Mostt.Shail Kunwar W/o Late Saryug Roy resident of Rampur Rajwa Pragana Parari P.S. Hasanpur Dist. Samastipur 2. Sumitra Devi W/o Shatrughuna Choudhary resident of village Kolhata Patori P.S. Basuara Dist. Darbhanga 3. Shuwaj Pari W/o Awadesh Prasad Singh resident of Village Morsand P.S. and Dist. Samastipur 4. Savitri Devi W/o Bishundeo Pd. Singh resident of village Jagatpura P.S.and Dist. Begusarai 5. Urmial Devi W/o Ram Udgar Singh resident of village Moktiyarpur P.S.and Dist. Begusarai 6. Prem Kumari Devi W/o Agast Pd. Singh resident of Village Dhrubgama P.S Kalyanpur Dist. Samastipur 7. Munchun Kumari D/o Saryug Rai resident of Village Rampur Rajba P.S Hasanpur Dist. Samastipur 8. Aditya Narayan Rai S/o Saryug Rai resident of Village Rampur P.S Hasanpur Dist. Samastipur 9. Usha Kumari W/o Nand Kishore Rai 10. Amitabh Rai 11. Kumari Malti 12. Chanchal Kumari All sons and daughter of Nand Kishore Rai 13. Renu Kumari 14. Sanjay Pd. Rai 15. Smt Uttama Devi 16. Suman Kumari Devi 17. Sunandan Kumari Devi 18. Sulekha Kumari Devi All daughters of Bhagwat Rai 19. Nand Kumari Devi W/o Bed Narayan Rai All resident of Village Chandauli P.S. Warisnagar Dist. Samastipur 20. Ram Kumari Devi W/o Ramdeo Mishra resident of village Dwarikanagarl P.S.Sadar Dist.Muzaffarpur 21. Sindhu Devi W/o Basant Tiwari resident of Village Malpur P.S. Tajpur Dist. Samastipur 22. Jagdish Pd. Rai @ Sudan Rai S/o Bhagwat Rai 23. Shiv Shankar Rai S/o Baldeo Rai 24. Sumitdra Kunwar W/o Baldeo Rai 25. Chandrakala Devi 26. Manjula Devi Both daughters of Baldeo Rai 27. Mostt Ramparti Devi W/o Baldeo Rai 28. Sushila Devi W/o Jai Palak Singh D/o Baldeo Rai resident of Village Rampur Rajwa P.S Hasanpur Dist. Samastipur 29. Smt Mayawati Devi 30. Ram Biraji singh 31. Nand Kishore Singh - 2 - 32. Shanti Devi All sons and daughter of Ram Swaroop Singh resident of Village Kubauli P.S Bangra Dist. Samastipur 33. Narendra Kumar Mishra son of Ramakant Mishra resident of village Patour P.S. Hayaghat Dist. Darbhanga 34. Smt Bibha Kumari Devi W/o Chandra Bhushan Thakur resident of village Tepari P.S.and Dist.Muzaffarpur 35. Smt Veena Devi W/o Janardan Pd. Singh resident of Village Dhrubgama P.S Kalyanpur Dist. Samastipur 36. Smt Navina Devi W/o Navneet Pd. Singh At present resident of Village Rampur Rajwa P.S Hasanpur Dist. Samastipur 37. Smt Shakuntala Devi W/o Kameshwar Thakur resident of Village Rampur Rajwa P.S Hasanpur Dist. Samastipur 38. Mostt. Bhagwati Devi W/o Bishwanath Rai 39. Shiv Shankar Rai S/o Bishwanath Rai 40. Madhavi Devi D/o Bishwanath Rai 41. Indu Kumari 42. Durga Prasadi Rai 43. Radha Prasadi Rai both Dwarika Pd. Rai 44. Chandra Kala Kunwar W/o Dwarika Pd. Rai 45. Pradumn Kumar Rai 46. Munna Rai 47. Pankaj Rai All sons of Durga Pd.Rai 48. Chunnu Rai 49. Mukesh Rai Both sons of Raddha Pd. Rai 50. Shambhu Shankar Rai @ Nunu Rai 51. Shankar Shambhu Rai Both sons of Vishwanath Pd. Rai resident of Village Rampur Rajwa P.S Hasanpur Dist. Samastipur 52. Sakhawati Devi D/o Ramji Jha 53. Savitri Devi W/o Ramakant Mishra resident of Village Dewdha phulhata P.S Hasanpur Dist. Samastipur 54. Sarewati Devi w/o Babunath Choudhary resident of village Hirni P.S. Kusheshar Asthan Dist. Darbhanga 55. Sachitra Devi W/o Lal Babu Mishra 56. Vineet Pathak 57. Meena Devi Both son anddaughter of Abhay Kant Pathak resident of village Hirni P.S. Kusheshar Asthan Dist. Darbhanga 58. Maheshwar Jha @ Budhiyar Jha 59. Madheshwar Jha 60. Ghanshyam Jha 61. Radheshyam Jha 62. Dundar Shyam Jha All sons of Maheshwar Jha resident of Village Shashan P.S Hasanpur Dist. Samastipur 63. Mostt. Ratikala deavi 64. Sshanti Devi 65. Shambhu Rai 66. Upendra Rai 67. Smt Kala Devi 68. Ganesh Pd. Singh 69. Shail Kumari - 3 - 70. Sarmishta devi 71. Manorama Devi 72. Renu Devi All son and daughters of Ram Sharan Singh resident of Village Rampur Rajwa P.S Hasanpur Dist. Samastipur 73. Arun Kumar Singh 74. Bachchi Devi 75. Baban Devi 76.Lalita Devi All daughters of Brahamdeo Singh resident of village Gadhpura P.S. Gadhpura Dist. Begusarai 77.Arun Singh S/o Ishwari Singh 78. Soni D/o Arun Singh both resident of village Falka P.S. Falka Dist. Katihar 79.Ram Kumari Devi W/o Raghubir Sharan Singh resident of Village Kubauli P.S Tajpur Dist. Samastipur 80.Ramanand Rai S/o Ambika Rai resident of Rampur P.S Hasanpur Dist. Samastipur 81. Alok Rai 82. Shiv Kumar Rai 83.Vijay Kumar Rai 84.Ajay Kumar Rai 85.Abhay Kumar Rai 86.Prabhakar Rai All sons of Shatrughan Rai resident of Village Rampur P.S Hasanpur Dist. Samastipur 87.Neelam Devi W/o Nityanand Singh D/o Shatrughan Rai 88. Ramashrai Rai 89.Naresh Rai 90.Anil Kumar Rai Both sons of Gokhul Rai resident of Village Rampur Rajwa P.S Hasanpur Dist. Samastipur 91. Smt Tunku Devi W/o Yogendra Thakur D/o Bhup Narayan Rai resident of Village Dhrubgama P.S Hasanpur Dist. Samastipur At present resident of Village Rampur Rajwa P.S Hasanpur Dist. Samastipur 92.Ram Pramod Rai S/o Mangal Rai 93.Chitralekha Kunwar W/o Late Ram Binod Rai 94.Basudeo Rai 95.Ranju Kumar 96. Mamta Kumari 97. Smt Dev Murti Devi All sons and daughters of late Ram Binod Rai resident of Village Rampur Rajwa P.S Hasanpur Dist. Samastipur 98.Gangotri Prasad Rai 99.Rajeshwar Prasad Rai 100.Maheshwar Prasad Rai 101.Jagdish Mukhiya S/o Bidan Mukhiya resident of Village Bhikhnaulia P.S Bithan Dist. Samastipur 102. Ramji Das Chela S/o late Gaghuwar Das resident of Village Rampur P.S Hasanpur Dist. Samastipur 103.Rajendra Yadav S/o late Gopi Yadav resident of Village Bakhari P.S Bithan Dist. Samastipur 104.Mostt Ram Sakhi Kunwar - 4 - 105.Chandra Bhushan Pd. Singh 106. Chandra Shekhar Pd.Singh 107. Hareram Pd. Singh 108. Ram Prakash Singh All sons of late Janardan Pd. Singh resident of village Meghaul P.S.Khodabandpur Dist. Begusarai 109. Hira Pd. Singh 110.Chandra Mauli Pd. Singh Both Sons of Late Uchit Nr. Singh resident of village Meghaul P.S.Khodabandpur Dist. Begusarai 111.Surendra Pd. Singh S/o Bishundeo Pd. Singh resident of Village Kalyanpur Samartha P.S Bibhutipur Dist. Samastipur 112.Sushila Devi 113.Sundari Devi 114.Laxmi Devi W/o Uday Chandra Thakur resident of Village Gohi P.S Warisnagar Dist. Samastipur 115.Smt Guleshwari Devi W/oRam Sudhari Yadav 116.Sanjeev Kumar Yadav 117. Sunil Kumar Yadav Both sons of Ram Sudhari Yadav resident of Village Karachi P.S Hasanpur Dist. Samastipur 118. Lal Vijay Yadav S/o Ganga Yadav resident of Village Bhikhanauliya P.S Bithan Dist. Samastipur 119. Ram Badan Rai son of late Triveni Rai resident of Village Rajwa Pragana Parari P.S. Hasanpur Dist. Samastipur Plaintiffs- Opposite 2nd Parties ----------- For the petitioner: Mr Ashok Kumar, Advocate --------- 03 07.09.2009 This civil revision has been heard at this stage at the instance of learned counsel for the petitioner. 2. This civil revision has been filed by the plaintiff- petitioner challenging order dated 25.03.2009 by which learned Subordinate Judge I, Samastipur rejected his prayer for adding the State of Bihar through the Collector, Samastipur and another as parties to the suit in Partition Suit no. 57 of 1965 in view of the order dated 20.12.1996 (Annexure 1) passed by this Court in C.R. No. 883 of 1994. 3. It transpires that the aforesaid suit was filed 44 years back by the petitioner for partition of his alleged share in the suit - 5 - property and the said suit remained pending on one pretext or the other. However, the plaintiff wanted amendment in the plaint but his prayer was rejected by the learned court below on 13.04.1994 against which he filed C.R. no. 883 of 1994 which was allowed by this Court on 20.12.1996 setting aside the said order of the learned court below subject to the condition that the plaintiff shall deposit a sum of Rs 1,000/- by way of cost payable to the defendants within six weeks from the date of receipt / production of the order, failing which the said order will not be given effect to. A direction was also given in that order to the trial court for disposing of the suit as early as possible preferably within a period of six months from the date of receipt/production of a copy of that order in the learned court below considering that it was pending for such a long period. 4. It transpires that in spite of the aforesaid order of this Court the plaintiff did not take any step under the provision of Order VI Rule 18 of the Code of Civil Procedure and did not incorporate the said persons in the plaint as defendants. Only after a lapse of about 13 years he filed application on 24.02.2009 for allowing him to incorporate the aforesaid persons in the plaint. The learned court below considered the matter in detail and found no valid or plausible reason for such an inordinate delay and thus rejected the said application vide its impugned order dated 25.03.2009. 5. It may be relevant to note here that even the learned District Judge has directed vide its order dated 31.07.2008 to dispose of the suit within six months as directed by the High Court vide - 6 - aforesaid order. In the said circumstance, there was no occasion for the learned court below to allow such frivolous application of the plaintiff which was filed merely to delay further disposal of the suit. It is apparent that the plaintiff is adopting various methods for further delay the matter as he had filed petition before the learned District Judge for transfer of the suit to another court. The said application was rejected by the District Judge vide order dated 05.03.2009. 6. 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 with a direction to the learned Subordinate Judge I, Samastipur to hear and dispose of the suit within six months from the date of receipt/production of a copy of this order without giving any adjournment to the parties. It may be noted here that earlier order of this Court dated 20.12.1996 has not been complied. Hence if this order is also not complied by the trial court strict view of the matter will be taken. shahid (S.N.Hussain, J)