JAGDISH SAH Vs. KUSHMA DEVI

JUDGEMENT

(1.) Learned counsel for the petitioner submits that O.P. No. 14 Thakur Prasad died on 6.12.2004 and his heirs are already on record as O.P. Nos. 1,15 and 16 and hence he prays that the name of O.P. No. 14 be expunged. The learned counsel for the opposite parties does not object. Hence, the prayer of the learned counsel for the petitioner is allowed and the name of O.P. No. 14 is directed to be expunged.

(2.) Heard learned counsel for the parties, in admission matter. The petitioner is a defendant in Title Suit No. 66/1999 which was filed by O.P. No. 1 for declaration of title and confirmation of possession over the suit land and also for permanent injunction etc.

(3.) The petitioner is aggrieved by order dated 30.9.2003 passed in the aforesaid suit by-which the learned Sub-Judge-lll, Begusarai, rejected his petition which was for deciding the preliminary issue that the suit was barred by the principle of res judicata.