MOTIJHARO DEVI Vs. SAROJ SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties. Questioning the legal sustainability of the impugned order by which the learned court below has turned down the prayer of the petitioner for being impleaded as party in the suit filed by the respondent no. 1, the present application under Article 227 of the Constitution of India has been filed.

(2.) From the perusal of the plaint (Annexure-1) of T.S. No. 73 of 2001, it transpires that the said suit has been filed by the plaintiff for declaration of title over the suit land on the basis of purchase. It has been the case of the plaintiff that the suit land measuring 1 ½ decimal in plot no. 1479 was never a "Rasta" but has been wrongly shown in the revisional survey to be the part of the Rasta existing in plot no. 1479. The plaintiff has impleaded respondent nos. 2 to 8 as defendants in the suit making specific allegations against them for infringing the right of the plaintiff over the suit land and asserting their own right over the same. The respondent no. 9 the State of Bihar has been also impleaded as defendant in the suit. It further transpires from the records that the written statement has been filed by the defendant 1st set and 2nd set in the suit contesting the claim and assertions of the plaintiff.

(3.) The present petitioner filed an application under Order 1 Rule 10 (2) C.P.C. (Annexure-4) on 26.07.2011 praying for her impleadment as party defendant in the suit. It is the case of the petitioner that there is public Rasta in plot no. 1479 wherein the door of the house of the petitioner, situated over plot no. 1476, opens and she has got no other opening of her house in the public Rasta except the same. The petitioner has asserted to have purchased the adjacent plot no. 1476 by sale deed dated 02.08.2006 (Annexure-3) wherein "Bihar Sarkar Gali" has been mentioned in the southern boundary of the purchased land.