LACHHMI NARAIN Vs. GANGA MAHTON

JUDGEMENT

(1.) This application has been filed by the plaintiffs of Title Suit No. 154 of 1961. It is directed against order No. 26, dated the 6th of November, 1962, by which the learned Munsif has ordered that one Gondu Manto be impleaded as a party to the suit.

(2.) The short facts are as follows : The plaintiffs have instituted the suit on the allegations that on the 11th of July, 1956, Babulal, Lal Mani Devi and Rukhmani Devi had given a usufructuary mortgage to Gangu Mahto, of the properties which are the subject-matter of this suit. Thereafter the plaintiffs purchased the equity of redemption from the three mortgagors by two transactions of the year 1960. Then the plaintiffs had tendered the mortgage money which was not accepted by the mortgagee and hence the money deposited and the present suit instituted for redemption. Gangu Mahto was made the sole defendant in the suit. Then one Gondu Mahto filed an application on the 14th of July, 1962, praying that he may be added as an intervenor defendant in the action. It was alleged by Gondu Mahto "that" Gangu Mahto was never in possession of the properties included in the mortgage deed, which were always in possession of Gondu Mahto. It was stated that the sale deeds on which the plaintiffs have relied are not genuine transactions. It was alleged that Gondu Mahto was in possession of the disputed properties by virtue of a private partition which had taken place long ago.

(3.) It appears that the case came up before the learned trial Judge on the 6th of November, 1961, and an adjournment was prayed for on behalf of the plaintiffs. The learned Munsif adjourned the case to the 30th of November and heard the parties on the petition filed by Gondu Manto. It was held that Gondu Mahto should be impleaded as a party, so that the case may be decided in his presence. The plaintiffs have come up to this Court complaining against the order of the learned Munsif impleading Gondu Mahto as a party to the action.