CHANDRADEO PRASAD Vs. ANISH KHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dtd. 12/4/2018 passed in Title Suit No. 35 of 2016 by learned Sub-Judge-1, Gaya whereby a petition dtd. 18/12/2017 filed by intervenor - respondent 1st party under Order 1 Rule 10 (2) read with Sec. 151 of the Code of Civil Procedure to add them as party- defendant in the suit has been allowed.

(3.) Petitioner is the plaintiff who has filed the Title Suit bearing Title Suit No. 35 of 2016 for declaration of his right, title and interest over the suit property. The claim of the petitioner / plaintiff is that the suit land had been settled by the ex-landlady in favour of the ancestor of the petitioner and now in amicable partition entire 12 decimal has been allotted in the share of this petitioner who came in possession over the same but during the Revisional Survey the authorities given wrong area as well as wrongly shown in the name of Anabad Sarv Sadharan as ditch despite the fact that there was no ditch. Due to this fact, the petitioner / plaintiff filed this suit against the State of Bihar and no relief has been claimed against any other.