Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4CS34/24Dev Kant Mishra
Vs. Veena Mishra
08.08.2024
Present : Sh. Manish Miglani and Ms. Manisha Pandey, Ld. Counsels with
the plaintiff.
Sh. Deepak Kumar, Ld. Counsel for defendants No.1 (a to c).
None for D-2 and D-3 on call at 10.48am and D-3 is already ex
parte.
Sh. A.K.Singh, Ld. Counsel with the defendants No.4&5.
It appears that pleadings have been completed. Sh. Singh draws my
attention to the paragraphs No.2&3 in the preliminary objections of the WS of the
defendants No.4&5 and he states that the suit is bad for mis/non-joinder of neces-
sary parties, as there are so many properties belonging to the joint hindu family
who have not been made parties even the complete properties falling in the hotch
potch of the joint hindu family has not been made subject matter of the partition
suit.
He also submits that earlier a suit filed in Jhanjharpur, District
Madhubani, Bihar was withdrawn, though, another suit filed prior in time, to the
present suit is still pending in Madhubani Courts, though, the relief of partition
has not been claimed therein. He also submits that a suit for partition filed by de-
fendant No.4 i.e. Sh. G.K.Mishra is pending before the District Courts Saket, New
Delhi, seeking partition of the property situate at Bhogal, New Delhi.
Under the circumstances, it appears that there is a confusion regard-
ing the entire properties belonging to the joint hindu family and also some of the
necessary parties have not been enjoined.
Sh. Miglani submits an application under Order 1 rule 10 CPC for
impleadment of certain additional defendants along with Annexures and proposed
amended memo of the parties. Copies all given to submit reply/(s) with copy to
Sh. Miglani in advance and against receipt for disposal of the application, on
23.12.2024.
(Sanatan Prasad)
District Judge-02 (East)
Karkardooma Courts/Delhi/08.08.2024
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