CHCHANGUR BIND Vs. RAM AWTAR BIND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the intervener respondent Nos. 5 to 12.

(2.) This writ application has been filed by the petitioners who were plaintiff Nos. 1 and 3 in the Court below against the order dated 29.11.2008 passed by Sub-Judge-I, Bhabhua, Kaimur in Title Suit No.130 of 2007 where by the learned Court below allowed the application filed by the intetveners-respondents under Order 1 Rule 10 C.P.C. and directed that the said respondent be added as co-plaintiff.

(3.) The learned counsel, Mr. Bajrangi Lal, appearing on behalf of the petitioners submitted that the petitioners are disputing that the present interveners have got no interest in the suit property because they do not belong to the family of the plaintiff whereas according to the interveners, they belonged to the joint family and they have also got interest in the suit property. In such circumstances, the learned Court below could not have allowed the interveners to be impleaded as plaintiff in the Court below.