MAHABIR PRASAD SINGH Vs. NARMEDESHWAR PRASAD SINGH

JUDGEMENT

(1.) The petitioners, who are the principal defendants in Title Suit No. 12 of 1962. have preferred this civil revision application against the order of the learned Additional Munsif, Second Court, Patna, dated the 11th November, 1965. By that order, the court below dealt with two petitions filed by the plaintiff in the suit, one of the petitions was filed on the 3rd August. 1965 and that was for adding three persons, namely, Jhalak Prasad Singh, Kapildeo Singh and Dwarika Gope, as defendants in the suit. According to the plaintiff, these three persons were sought to be added as parties to the suit to avoid future litigations and complications and for an ef fective and final decision in the suit. The second petition of the plaintiff, which was filed on the 9th August. 1965 was for amendment of the plaint and addition of certain alternative reliefs.

(2.) Both the petitions were opposed on behalf of defendants 1 and 2 on a variety of grounds; but after hearing the parties and considering the objections of the petitioners, the court below by the impugned order has allowed both the applications.

(3.) Mr. A.K. Roy, in support of this application, put forward the contention that the order of the court below is illegal and without jurisdiction, and that both the petitions of the plaintiff ought, in the circumstances of this case, to have been rejected.