SUNDARI DEVI Vs. DILIP KUMAR SINGH

JUDGEMENT

(1.) These three civil revision applications arise out of an eviction proceedings instituted by the plaintiffs Smt Sundari Devi and her husband Sheo Dhyan Singh for eviction of the defendant Dilip Kumar Singh who happens to be one of their son for evicting him from their residential house being Eviction Suit No 18 of 1999 as before Additional Munsif III, Patna.

(2.) In civil revision No 340 of 2005, the plaintiffs have challenged the order dated 25.02.2005 passed in the said suit wherein while deciding the preliminary issue on the basis of pleadings, the trial Court held defendant to be a coparcener of the joint family and, as such, he held that the question of title is essential to be decided. Hence, the plaintiffs were directed to take appropriate steps in the matter. In the second civil revision application that is C R No 1183 of 2005, the plaintiffs' challenge is to the order dated 21.05.2O05 passed in the sane suit whereby in view of non-compliance of the direction given in the order dated 25.02.2005, the plaint was rejected and the third civil revision application being C R No 1557 of 2005 is also by the plaintiffs challenging the order dated 31.05.2005 by which consequent to the plaint being rejected, the arrears of rent and the rent deposited in Court by defendant was ordered to be released to the defendant.

(3.) Heard Shri A B Ojha, learned Counsel for the plaintiffs-petitioners and Shri Devendra Kumar Sinha, learned Senior Counsel appearing on behalf of the defendant-opposite party.