IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.3972 of 2005
Birsa Oraon & Ors. .......... .......... Petitioners
Versus
Sk. Sahamat & Ors. ............ Respondents.
..............
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
..............
For the Petitioners : Mr. Kamlesh Jayaswal, Advocate
For the Respondents : Mr. Amar Kr. Sinha, Advocate
Mr. K.K. Ambastha, Advocate
.............
10/17.11.2011: In this writ petition, the petitioners have prayed for setting aside
the order dated 7.6.2005 passed by learned Additional Judicial
Commissioner, Ranchi in Title Appeal No.121 of 2003, whereby learned
lower appellate court has rejected the petitioners’ prayer for their
addition as party to the suit.
It has been stated that though the petitioners are not party to the
suit, they were relatives to the persons who were made parties. The
petitioners apprehended that the decree passed against other persons
may be executed also against them. On that basis they prayed for their
addition as party by filing petition under Order-1, Rule-10, CPC. The
same was opposed by the respondents. Learned court below heard the
parties and rejected the petitioners’ prayer.
Grievance of the petitioners is that they have got apprehension
that in execution of the decree passed in the suit they may also be
evicted from the land.
Learned counsel appearing on behalf of the respondents
submitted that execution has been levied and the petitioners have not
been made party to the execution proceedings. They were also not party
to the suit.
Since the petitioners are not the party and the decree is to be
executed against the parties to the suit, there is no basis for the
petitioners’ apprehension.
No ground has been made out for interfering with the impugned
order of learned court below. There is, thus, no merit in this writ petition
and the same is, accordingly, dismissed.
(Narendra Nath Tiwari, J)
Shamim/