IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9957 of 2011
Jitendra Ram
Versus
Sunaina Devi & Anr
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02. 30.06.2011 Heard the learned counsel for the parties.
This writ application has been filed against the
order dated 07.01.2011 passed by Sri M.K.Srivastava, Sub
Judge IX, Gopalganj in Title Suit No.148 of 2004 whereby the
learned Court below rejected the application filed by the
present petitioner for being substituted as co-plaintiff no.2
on the death of the original plaintiff, Bikarma Ram.
Admittedly, the petitioner is the party in the suit
as defendant no.2. The plaintiff, Bikarma Ram filed the suit
for declaration that the petitioner is not his son. He died and
on his death, his daughter, Sunaina Devi was substituted as
sole plaintiff.
This application has been filed by the petitioner
alleging that he is son of Bikarma Ram. Since this question
itself is disputed by the original plaintiff who died, the
learned Court below has rightly observed that the petitioner
is already on record as defendant no.2, he cannot be allowed
to be transposed as plaintiff. I find no reason to interfere
with the impugned order. Accordingly, this writ application is
dismissed.
Saurabh ( Mungeshwar Sahoo, J.)