IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12488 of 2011 Navin Kumar Versus Dr.Chandra Madhav Singh & Ors ---------------------------------- 03. 11.08.2011 Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the defendant No.1-petitioner against the order dated 12.05.2011 passed by Sub Judge I, Nalanda at Biharsharif in Title Suit No.106 of 2007 whereby the learned Court below rejected the application filed by the petitioner under Order 1 Rule 10 sub- Rule 2 C.P.C. for adding the purchaser as co- plaintiff. The learned counsel for the petitioner submitting that during the pendency of the suit, the plaintiff has sold the entire suit property to purchasers and, therefore, the defendant filed the application for adding the said purchasers as co- plaintiff. The learned counsel further submitted that to avoid further litigation, the application has been filed but the learned Court below rejected the said application. From perusal of the impugned order, it - 2 - appears that the learned Court below has given good reason for not allowing the application filed by the petitioner. Admittedly, the suit properties have been sold by the plaintiff during the pendency of the suit. It is also admitted fact that neither the plaintiff nor the purchasers have filed application for adding the purchasers as defendant. Therefore, at the instance of defendant, the purchasers would not have made as co-plaintiff as has been held by the learned Court below. In view of the above fact, I find no jurisdictional error committed by the Court below. Further by the impugned order, it cannot be said that failure of justice or grave injustice has occasioned and that the Court below exercised a jurisdiction not vested in it by law or that exercised a jurisdiction in utter disregard of any law. I, therefore, find no reason to interfere with the impugned order, as such this application under Article 227 of the Constitution of India is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)