BIGAN UPADHYAYA Vs. YAMUNA DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application is directed against the order dtd. 1/12/2017 passed in T.S. No. 170/13 by the learned Sub Judge-3, Sasaram, Rohtas whereby and where under he has rejected the petition dtd. 22/1/2014 filed by the petitioners under Order VIII Rule 6 C of Code of Civil Procedure.

(3.) The facts, in brief relevant for decision of this case, are that the petitioners who are the plaintiffs filed a Title Suit bearing Title Suit No. 170/13 seeking relief inter alia for declaration of their title over the Schedule A property mentioned in the plaint and restoration of their position of the suit property if they have been dispossessed by the defendants during the pendency of the suit.