2025:JHHC:34341 IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No. 942 of 2025 ----- 1. Laxmi Singh @ Tibhu Singh son of Late Dwarika Singh aged about 62 Years, resident of Village Sondh, P.O. Sandi, P.S.- Rajrappa, District- Ramgarh. 2. Usha Devi wife of Ram Kishor Singh and daughter of Late Dwarika Singh aged about 73 years, resident of Village-Chaprong, P.O. Mungo, P.S. Serengdag, District-Lohardaga (Jharkhand) 3. Asha Devi wife of Dilip Kumar and Daughter of Late Dwarika Singh, aged about 50 years, resident of Village, PO & PS Bishungarh, District- Hazaribagh 4. Prabhu Kumar Singh son of Laxmi Singh @ Tibhu Singh aged about 34 Years 5. Abhay Singh @ Abhay Kumar Bhardwaj son of Laxmi Singh @ Tibhu Singh, aged about-30 years, petitioner Nos. 4 & 5 are resident of Village Sondh. P.O.-Sandi, P.S. Rajrappa, District- Ramgarh. 6. Aruna Devi wife of Uday Narayan Singh and daughter of Laxmi Singh @ Tibhu Singh, aged about 39 years, resident of Village Mohli Bandh, Kathara, P.O. & P.S. Kathara, District- Bokaro. 7. Rani Kumari @ Rani Singh wife of Birendra Singh & Daughter of Laxmi Singh @ Tibhu Singh, aged about 34 years, resident of Village Nainatand, P.O. & P.S.- Gomia, District- Bokaro. … …. Petitioners Versus 1. Umesh Kumar Singh, S/o Late Bihari Singh 2. Sikandra Singh Son of Late Bihari Singh 3. Surendra Kumar Singh Son of Late Bihari Singh 4. Dilip Kumar Singh Son of Late Bihari Singh 5. Ranjeet Kumar Singh Son of Late Bihari Singh 6. Sudheshwari Devi Wife of Late Bihari Singh O.P. Nos. 1 to 6 are resident of Village Sondh, P.O.-Sandi, P.S. Rajrappa, District- Ramgarh. 7. Azanti Devi D/O Late Shiv Narayan Singh, R/o Village- Chamru, P.O. & P.S.- Senha, District- Lohardaga. 8. Sobha Devi D/O Late Shiv Narayan Singh, resident of Village Ambwa, P.O. Nagjuwa, P.S. Bhandra, Dist.-Lohardaga. 9. Sunita Devi D/O Late Shiv Narayan Singh, resident of Village- Pokta, P.O.&P.S.- Basia, District- Gumla. 10. Navin Kumar Singh S/O Late Shiv Narayan Singh 11. Praveen Kumar Singh S/O Late Shiv Narayan Singh 12. Ram Narayan Singh Son of Late Badri Nath Singh @ Badri Singh 13. Birendra Singh Son of Late Badri Nath Sing Singh @ Badri Singh O.P. Nos. 10 to 13 are resident of Village Sondh, P.O. Sandi, P.S. Rajrappa. District- Ramgarh. 14. Ram Naresh Singh son of Late Surya Narayan Singh @ Surya Nath Singh @ Sarju Singh @ Suraj Nath Singh. 15. Mahesh Singh son of Late Surya Narayan Singh @ Surya Nath Singh @ Sarju Singh @ Suraj Nath Singh. 16. Inderadeo Singh son of Late Surya Narayan Singh @ Surya Nath Singh 2025:JHHC:34341 2 @ Sarju Singh @ Suraj Nath Singh. 17. Chandradeo Singh son of Late Surya Narayan Singh @ Surya Nath Singh @ Sarju Singh @ Suraj Nath Singh. O.P. Nos. 14 to 17 are resident of Village -Sondh, P.O.-Sandi, P.S. Rajrappa. District- Ramgarh 18. Nunu Devi Daughter of Late Surya Narayan Singh @ Surya Nath Singh @ Sarju Singh @ Suraj Nath Singh, resident of Village Parsia, P.O. Nerki, P.S.- Bishungarh, District- Hazaribagh. 19. Mundrika Devi D/O Late Surya Narayan Singh @ Surya Nath Singh @ Sarju Singh @ Suraj Nath Singh. 20. Sampati Devi D/O Late Surya Narayan Singh @ Surya Nath Singh @ Sarju Singh @ Suraj Nath Singh. O.P. Nos. 19 & 20 are resident of Village & P.O. Kewal, P.S.-Barhi, District- Hazaribagh. 21. Ritu Devi D/O Late Surya Narayan Singh @ Surya Nath Singh @ Sarju Singh @ Suraj Nath Singh, resident of Village & P.O.& P.S.- Ghaghra, District-Gumla. 22. Savitri Devi D/O Late Surya Narayan Singh @ Surya Nath Singh @ Sarju Singh @ Suraj Nath Singh, resident of Village & P.O.- Khambhwa, P.S. Bishungarh, District-Hazaribagh. 23. Ashok Kumar Singh son of Late Ramjitan Singh @ Ramjatan Singh 24. Awadhesh Kumar Singh son of Late Ramjitan Singh @ Ramjatan Singh. Sl. No. 23 & 24 are resident of Village Sondh, P.O.-Sandi, P.S. Rajrappa. District- Ramgarh 25. Mina Devi D/O Late Ramjitan Singh @ Ramjatan Singh, resident of Village- Mukru, P.O.- Jarba, P.S.- Charhi, District- Hazaribagh. 26. Chano Devi D/O Late Ramjitan Singh @ Ramjatan Singh, resident of Village & P.O. Khambhwa. P.S Bishungarh. District- Hazaribagh. 27. Kanchan Devi D/O Late Ramjitan Singh @ Ramjatan Singh, resident of Village Dahidoin, P.O & P.S-Puso, District- Lohardaga. 28. Jogmati Devi D/O Late Ramjitan Singh @ Ramjatan Singh, resident of Village & P.O. Bahimar, P.S.-Katkamsandi, District- Hazaribagh. 29. Jagdish Singh Son of Late Sahdeo Singh & Indrawati Devi 30. Suren Singh Son of Late Sahdeo Singh & Indrawati Devi 31. Krishna Singh Son of Late Sahdeo Singh Indrawati Devi 32. Raja Singh Son of Late Sahdeo Singh & Indrawati Devi O.P. Nos. 29 to 32 are resident of Village- Nimadih, P.O.-Jarba, P.S.-.- Charhi, District- Hazaribagh. 33. Yamuna Singh wife of Sarju Singh & D/O Late Sahdeo Singh and Smt. Indravati Devi, resident of Village & P.O.- Khambhwa, P.S.- Bishungarh, District- Hazaribag 34. Ganga Devi wife of Late Lalman Singh & D/o Late Sahdeo Singh and Smt. Indravati Devi, Resident of Village & P.O Kandsar, P.S. Katkam Sandi, District-Hazaribag 35. Naresh Singh son of Late Tapa Devi D/O Late Radheyshyam Singh and wife of Late Rameshwar Singh 36. Suresh Singh Son of Late Tapa Devi D/o Late Radheyshyam Singh and wife of Late Rameshwar Singh 37. Upendra Singh son of Late Tapa Devi D/O Late Radheyshyam Singh 2025:JHHC:34341 3 and wife of Late Rameshwar Singh 38. Rajesh Singh son of Late Tapa Devi D/O Late Radheyshyam Singh and wife of Late Rameshwar Singh 39. Rakesh Singh son of Late Tapa Devi D/o Late Radheyshyam Singh and wife of Late Rameshwar Singh 40. Mamta Kumari Daughter of Late Tapa Devi D/O Late Radheyshyam Singh and wife of Late Rameshwar Singh 41. Soni Kumari Daughter of Late Tapa Devi D/O Late Radheyshyam Singh and wife of Late Rameshwar Singh O.P. Nos. 35 to 41 are Resident of Village & P.O.- Kewal, P.S.-Barhi, District- Hazaribag. 42. Smt. Sulkhi Devi D/O Late Ram Mohan Singh and wife of Late Basudeo Singh, resident of Village & P.O.- Kandsar. P.S. Katkam Sandi, District-Hazaribagh 43. Smt. Gobrahi Devi D/O Late Laxmi Sai and Jatli Devi D/O Late Ram Mohan Singh and wife of Riteshwar Singh @ Tateshwar Singh, Resident of Village & P.O. & P.S.-Ghaghra. District-Gumla. 44. Smt. Sumitra Devi D/O Late Laxmi Sai and Jatli Devi D/O Late Ram Mohan Singh and wife of Sri Kalindra Singh, resident of Village Mission Chowk, P.O., P.S. & District-Lohardaga. 45. Smt. Taramati Devi D/O Late Badri Nath Singh & Wife of Sri Mohan Sai, resident of Village Kanjo, P.O.- Nagjuwa, P.S.- Bhandra, District- Lohardaga. 46. Azad Karan Singh son of Late Shanti Devi wife of Brahamdeo Narayan Singh, 47. Jang Bahadur Singh son of Late Shanti Devi D/O Late Badri Nath Singh & wife of Brahamdeo Narayan Singh 48. Lajwanti Devi D/O Late Shanti Devi D/o Late Badri Nath Singh & wife of Brahamdeo Narayan Singh 49. Baby Devi D/O Late Shanti Devi & Late Badri Nath Singh & wife of & Brahamdeo Narayan Singh O.P. Nos. 46 to 49 are Resident of Village & PO- Kewal, PS-Barhi, District-Hazaribag 50. Mithlesh Kumar Singh son of Late Jayanti Devi D/o Late Badri Nath Singh & W/o Mahabir Singh 51. Sunil Kumar Singh son of Late Jayanti Devi D/o Late Badri Nath Singh & W/o Mahabir Singh 52. Pankaj Kumar Singh son of Late Jayanti Devi D/o Late Badri Nath Singh & W/o Mahabir Singh 53. Kusum Devi Daughter of Late Jayanti Devi D/o Late Badri Nath Singh & W/o Mahabir Singh 54. Babita Devi Daughter of Late Jayanti Devi D/o Late Badri Nath Singh & W/o Mahabir Singh 55. Bibha Devi Daughter of Late Jayanti Devi D/o Late Badri Nath Singh & W/o Mahabir Singh 56. Kabutri Devi wife of Sri Braj Nandan Singh and D/O Late Badri Nath Singh 57. Uma Devi D/O Late Badri Nath Singh and Wife of Sri Basant Naryan Singh. O.P. Nos. 50 to 57 are resident of Village & PO Khambhwa. P.S. 2025:JHHC:34341 4 Bishungarh, District Hazaribag 58. Binu Singh son of Late Dwarika Singh, resident of Village Sondh, P.O. Sandi, PS. Rajrappa, District-Ramgarh. … …. Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioners : Mr. Nehru Mahto, Advocate For the Opp. parties : ----- Oral Order 04 / Dated : 17.11.2025 1. The petitioners are aggrieved by the order dated 03.03.2025 passed in M.C.A. No. 60/2024 arising out of Original Suit No. 231/2007 by which the intervener petition filed under Order 1 Rule 10(2) read with Section 151 of CPC has been dismissed. 2. Original Suit No. 231/2007 was decreed vide judgment dated 07.11.2009. The judgment and decree attained finality as no appeal was preferred against it. The plaintiffs/decree holders filed a petition on 29.01.2010 for drawing final decree by demarcating ½ share in Schedule-E property and 1/3rd share in Schedule-F property as detailed in the plaint by Survey Knowing Pleader Commissioner. 3. The petitioners namely, Laxmi Singh @ Tibhu Singh and Binu Singh, sons of Late Dwarika Singh and others filed intervention application on the ground that they were legal heirs of common ancestor Umrawn Singh. 4. The said petition has been rejected by the Trial Court, inter alia, on the ground that under the direction of Patna High Court in S.A. No. 54/1983(R), an enquiry was held to determine whether Laxmi Singh @ Tibhu Singh and Binu Singh were the sons of Late Dwarika Singh in which it was found that they were not the sons of Late Dwarika Singh. 5. It is argued by learned counsel for the petitioners that the said finding in pursuance of the direction of Patna High Court in the said case was collusive and not applicable to this case. 6. Petitioners, admittedly, were not impleaded in the partition suit no.231/2007 which was decided vide judgment dated on 07.11.2009 and decree dated 21.11.2009. 2025:JHHC:34341 5 7. There cannot be any quarrel with the legal proposition advanced on behalf of the petitioners, that there can be more than one preliminary decree. Further a party who claims right or interest from a member of joint family can claim for share in the joint family property at the stage of final decree. 8. But those who have not been assigned any share in the preliminary decree, or they do not claim it through any of the party in the preliminary decree, cannot, in a partition suit, claim as third-party in a final decree proceedings. Property of third-party cannot be excluded from the plaint schedule during the final decree proceeding. The third-party must move the court during the pendency of the suit for preliminary decree or cause obstruction for delivery of property and file application under Rule 99 of Order 21 regarding title or file separate suit for declaration that the decree in the partition suit is not binding on him and his property is excludable from the plaint schedule property. 9. Here in the present case, petitioners were not party in the preliminary decree, and the claim is made in the joint family property at the stage of final decree. Primary decree in partition suits, conclusively determines the right of the parties and the specific share of each of the party. Unless it is modified in a appeal under section 96 of the CPC. Section 97, provides that if a party aggrieved by a preliminary decree does not challenge it, he shall be precluded from disputing its correctness in an appeal which may be preferred from the final decree 10. Further, their claim of being descendants of Late Dwarika Singh has already been turned down on enquiry in an earlier proceeding and cannot be reopened at this stage, on the ground that the said enquiry regarding parentage of Laxmi Singh @ Tibhu Singh and Binu Singh was collusive. This Civil Misc. Petition is devoid of any merit and accordingly, stands dismissed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satyendra Uploaded 19.11.2025 2025:JHHC:34341 6