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2009 DIGILAW 268 (PAT)

Bina Devi Wife Of Saryug Singh v. Lokesh Shukla Son Of Girja Shankar Shukla

2009-02-16

RAVI RANJAN

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JUDGEMENT 1. Heard Mr. Viveka Nand Singh, learned counsel for the petitioners. 2. The petitioners are aggrieved by the order dated 19.12.2008 passed by the Sub- Judge-Ill, Bhagalpur in Title Suit No. 7 of 2007, whereby the petition filed by the petitioners under Order I Rule 10(2) of the Code of Civil Procedure for impleading them as party defendants in the suit has been rejected by the court below. 3. Learned counsel for the petitioners submits that the petitioners had purchased considerable part of the land from one Manju Devi wife of one Shyam Bihari Shukla, who had been allotted the property appertaining to khata no. 833 plot no. 676 in partition, and on that pretext they want to be added as party defendants in the suit. 4. The trial court while dealing with this matter has come to the conclusion that the plaintiff had filed this suit against the State of Bihar for correction in survey khatian, because the land has been entered therein as "Anawad Bihar Sarkar" and after comparing the boundaries of the plot, it has come to the conclusion that the land claimed by the petitioners is not in dispute in the present title suit and, thus, has held that the petitioners are not necessary parties to be added in the suit. 5. In that view of the matter, I do not find any jurisdictional error in the impugned order. 6. As a result, this civil revision application is dismissed.