^ BEFORE THE HIGH COURT OF CHHATTiSGARH AT BILASPUR Petitioner: ^; WP^)7.5.<$.?./2010 Mani Prabha Wd/o- Manik Chand Defendant No.1 Jain,R/o Koriya Colliery Present ^o^<SV^V Address Haldi Badi Tah- ./> l-^'i?" ..- Manendragarh Dist. Koriya (C.G.) /!.^^-r: .^^\'^-" ^;^> Respondents Appellant No.1 Versus Appellant No. 2 Appellant No.3 ^y' 1. Awadh Bihari Singh Kushwaha, Aged about 75 years, S/o Late Ram Jatan Singh Kushwaha Retired Patwari Address Central Hospital Road , Manendragarh Distt. Koriya (C.G.) 2. Ambikeshwar Singh Kushwaha Aged about 47 years, S/o Awadh Bihari Singh Kushwaha Occ. Driver S.E.C.L. Kurasiya Colliery , Address Godri Para , Kurasiya Colliery, Manendragarh Distt. Koriya (C.G.) 3. Om Prakash Singh Kushwaha , Aged about 45 years, S/o Awadh Bihari Singh Kushwaha, Occ. (2) Defendant No. 2 'DefendantNoS Defendant No 4 Defendant No 5 Defendant No 6 Defendant No 7 j'!^/*^.,,), V^K ^-^^.i! \"r:;,NS.. >f'y/ i'\w^y ^SSffS^.^^ DefendantNoS st" '^ Driver S.E.C.LCharcha Colliery , Address Charcha Colliery, Tehsil- Baikunthpur Distt. Koriya (C.G.) s 4. Manoj W/o Late Manik Chand Jain ,Age 28 years Present Address Haldi Badi Tah-MarfrSragarh Dist. Koriya Chhattisgarh 5. Mukesh S/o late Manik Chand Jain Age 24 years 6. Manish S/o Late Manik Chand Jain Age 19 years 7. Vinod Kumar S/o Late Bal Chand Jain , Age 25 years 8. Vimal Kumar S/o Late Bal Chand Jain , Age22 years 9. Vijay Kumar S/o Late Bal Chand Jain, Age 20 years No. 2 to 7 R/o Koriy Colliery Present Address Haldi Badi Tehsit- Manendragarh Dist. Koriya (C.G.) 10. State of Chhattisgarh Through :- Collector Koriya Head Office Chhind dand, Baikunth pur Distt. Koriya (C.G.) ^ (3) WRIT PETITIONN UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT/ORDER/ DIRECTION. ir ^fc. HIGH COURT OF CHHATTISGARH AT BIUatSPUR Sinale Bench: Hon'ble Shri Justiee Prashant Kusnar Mjshra Writ Petltion i2t7) No.369/2010, Petittoner Respondents Versus Mani Prabha Awadh Bihari Singh Kushwaha and others. ^INIIIII"^ Shri Uttam Pandey, for the petitioner. Shri Sanjeev Kumar AgrawaS, Panef Lawyer for respondent No.lO/State. Writ Petitlon under Articte 227 ®fthe Constitution ot Indja ORAL ORDER (25.01.2018) Heard. (2) The petltioner herein is defendant No.1 In a sult filed by the plaintiff Samraji Devs (Shyam Rajl Devl). The said plaintiff died on 26.08.2(x58. The application filed under Order 22 rute 3 of the CPC was moved within 30 days by %he counsel for the plaintlff to Implead Awadh Bihari Singh, Ambikeshwar Singh, Om Prakash Slngh and Ashok Kumar Singh as legal heirs of the deceased plaintiff. The tria! Court dlsmissed the applioatlon and closed the case after finding that the counset cannot move the applicatlon when the plalntlff Is (3) On appeal by Awadh Bihari Singh, Ambikeshwar Singh and Om Prakash Singh, Seamed appellate Court has altowed the and consequently allowed application fsled under Order 22 Rute 3 of CPC to the extent that Awadh Bihari Singh and Ashok Kumar Slngh are the husband and son of Samraji Devi, they be joined as of the deceased plaintift. Wrth respect to the other In the apptlcatlon, the appeilate Court has mentioned that they are already on record as defendants anct their interest is confdctlng ¥if'rth the \ plalntlff, therefore, they cannot be allowed to join as legat of the ' deceased plaintiff. ^ (4) In the oplnlon of this Court, the appeltate order Is unexceptionabte. The appellate Court has observed that the advocate has signed the application and the trial Court could not have c!osed the proceeeiings of the suit by refuslng to grant the appllcatlon filed under Order 22 Rute 3 of the CPC. This Court does not find any patent error ot Saw or flagrant violation of procedure said to be committed by the first appeilate Court whiie allowing the appeal. (5) In the result, the petltion faits, and is hereby dismlssed at the admission stage itself. Sd/- Prashant Kumar Mishra Judge BIN