SIYA RAM SINGH Vs. LONGIA DEVI

JUDGEMENT

(1.) THIS First Appeal has been preferred against the judgment dated 1st September, 1984, passed by Sri D.P.S. Choudhary, 1st Additional Sub -Ordinate Judge, Patna, in Title Suit No. 193 of 1975 whereby the learned Sub -Ordinate Judge has been pleased to dismiss the suit of the plaintiffs (respondent Nos. 1 and 2) seeking 1/4th share in the properties mentioned in Schedule -II to IV to the plaint. The present appellants were intervenor - defendant Nos. 16 to 23 in the Title suit.

(2.) THE plaintiff Rajendra Singh and others (respondent Nos. 1 and 2) had brought Title Suit No. 193 of 1975 in the Court of the Sub -Ordinate Judge, Patna, for partition of his 1/4th share in the suit properties mentioned in Schedule -II to IV of the plaint and for carving of separate Takhta in respect of his share by appointing survey knowing Pleader Commissioner.

(3.) IT appears from the record that four separate written statements were filed on behalf of the defendants; one was filed on behalf of the defendant No. 1, second one was on behalf of defendant No. 2, third was on behalf of defendant Nos. 13 and 14 and 4th was on behalf of intervenor -defendant Nos. 16 to 23. It appears that defendant Nos. 16 to 23 were impleaded as party in the suit by order dated 3.3.84 on the basis of the petition filed by them for impleading them as intervenor -defendants.