IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.485 of 2009 Chinta Devi @ Chinta Mani Devi, wife of late Sita Ram Pd. Singh, resident of Village-Darveshpura, P.S. Giriyak, District-Nalanda --- Proposed Defendant --- Petitioner. Versus 1. Surat Prasad Singh , son of late Indradeo Narayan Singh, resident of Village Karandey, P.O. + P.S. Karandey, District- Sekhpura. 2. Sanjay Kumar, 3. Ajay Kumar 4. Vijay Kumar sons of Sri Surat Pd. Singh 5. Smt. Kishori Devi, wife of Sri Chandramauli Singh and D/O of late Inderdeo Narayan Singh, resident of Village Pinjari, P.S. Barbigha, District-Sekhpura. 6. Smt. Vijay Devi, wife of Brijnandan Pd. Singh, D/O of late Inderdeo Narayan Singh, resident of Village Phirojpur, P.,S. Shweter, P.O. Shweter, District-Gaya, at present residing at Brijnandan Pd. Singh (Ashiyana Nagar) P.O. + P.S. Ashiyana Nagar, Patna. 7. Santosh Kumar, son of late Vidushekhar Singh, and late Krishna Devi, late daughter of late Inderdeo Narayan Singh, resident of Village Maheshpur, P.S. & District Munger, at present residing at Court Area, Barh, P.S. Barh, District- Patna -- Plaintiffs --- Opposite Parties. 8. Shaligram Narayan Dev, son of late Triveni Narayan Dev. 9. Sanjiv Kumar, son of Shaligram Narayan Dev, both residents of Village-Argali, P.S. Parsan (Rajdhanwar), District Giridih (Jharkhand) 10. Soni Kumari, D/O of Sri Shyam Sunder Singh and late Puspa Devi, D/O late Baidehi Devi. 11. Sonu Kumar, son of Sri Shyam Sunder Singh and late Puspa Devi, D/O late Baidehi Devi, both resident of Village & Post Dumrawan, P.S. Pakribarawan, District- Nawada 12. Smt. Madhu Kumari, wife of Abhay Singh and D/O of late Baidehi Devi, resident of Village Darbeshpura, P.S. Giriyak, District Nalanda 13. Smt. Ranju Devi, wife of Ganga Bhushan Singh and D/O late Baidehi Devi, resident of Village & P.O. Rahatpur, P.S. and District-Begusarai. 14. Smt. Mamta Devi, wife of Arvind Chaudhary, D/O late Baidehi Devi, resident of Village- Auliya, P.S. Birpur, District- Bhagalpur. 2 15. Smt. Kumkum Devi, wife of Bipin Chaudhary, D/O late Baidehi Devi, resident of Village Kathela, P.S. and District- Khagariya. 16. Smt. Jyoti Kumari, wife of Sanoj Kumar, D/O late Baidehi Devi, resident of Village-Abgila, P.S. Chandradeep, district- Jamui --- Defendant Ist Set --- Opposite parties. 17. Pappu Kumar 18. Kanhaiya Kumar, both sons of Ramnandan Singh and late Sukumari Devi, D/O Brahmdeo Narayan Singh 19. Ramnandan Singh, son of not know to the petitioner, all resident of village and P.O. Patner, P.S. and District Lakhisarai 20. Shail Devi, wife of Suresh Singh, resident of Village- and P.O. Durby, P.S. Bhadaur, District-Patna. 21. Sakuntala Devi, wife of Arun Singh and D/O late Brahmdeo Narayan Singh, resident of Village Karandey, p.O. Karandey, district-Sekhpura ----- Defendants IInd set - ---Opposite Parties. ---------------------------------- 7. 25.11.2011 Heard Mr. Rama Shankar Pradhan for the petitioner, and Mr. Shivanandan Roy for opposite party nos. 1 to 3. This civil revision application under the provisions of section 115 of the Code of Civil Procedure raises a grievance with respect to the order dated 16.1.2009, passed by the learned Sub-Ordinate Judge II, at Sekhpura, in Title Suit No.2 of 2007 (Surat Prasad Singh and others V Shaligram Narayan Dev and others), whereby the present petitioner’s application to be impleaded as defendant has been rejected. We have perused the materials on record and considered the submissions of the learned counsel for the 3 parties. The learned trial court has observed in the impugned order that no part of the relief has been claimed against the petitioner, and she is not at all a proper party. In our view, law is well settled that the frame of the suit has to be determined by the plaintiff on the basis of the averments made in the plaint. Secondly, a defendant can never get a relief. We, therefore, agree with the impugned order. The civil revision application is dismissed. Vinay/ ( S. K. Katriar, J.)