IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.10039 of 2011 ================================================== == SATAYENDRA KUMAR - Petitioner/s(s) Versus GAJENDRA PRASAD SINHA & ORS - Respondent/s(s) ================================================== == Appearance : For the Petitioner/s: Mr. SUNIL KUMAR PANDEY For the Respondent/s: Mr. ================================================== == CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO DATE: 05-07-2011 ORAL ORDER (Per: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO) ______ 2. 05.07.2011 Heard the learned counsel for the petitioner. This writ application is directed against the order dated 3.2.2011 passed by Sub Judge – 7th, Muzaffarpur in Partition Suit No. 109 of 2001 whereby, the application filed by the petitioner under Order 1 Rule 10 C.P.C. for being added as party in the partition suit has been rejected by the learned court below. From perusal of the impugned order it appears that the learned court below found that the rights of the original plaintiff and the plaintiff respondent have 2 already been decided in the preliminary decree in the partition suit and at the state of final decree the petitioner prayed for being added as party. The learned court below also found that father of this petitioner was diligently prosecuting the final decree proceeding also. In such view of the matter, I do not find any jurisdictional error in the impugned order. Therefore, it is not a fit case for interference. Accordingly, This writ application is dismissed. S.S. (Mungeshwar Sahoo,J.)