MOHD SABIR HUSAIN SIDDIQUL Vs. MOHD JIYAUDDIN

JUDGEMENT

(1.) These two Civil Revisions between the same parties and against the same order are at the instance of the plaintiff.

(2.) C.R. No. 1384 of 1996 directed against that part of the order by which the suit has been converted into a full-fledged title suit and the plaintiff has been directed to pay ad valorem Court fee for decision on question of title. C.R. No. 1980 of 1996 is directed against the other part of the order by which intervention of Opp. Party No. 2 Md. Sayeed has been allowed. C.R. No. 1384 of 1996 was initially filed against both parts of the order. Vide order dated 27-9-96, that civil revision was allowed to be confined to that part of the order by which the suit was converted into a full fledged title suit and the plaintiff was directed to pay ad valorem Court fee. The other Civil Revision was filed thereafter. Pursuant to notice issued to the opposite party in C.R. No. 1384/96 they entered appearance in that case. Since parties are the same, submission were made in both the cases.

(3.) C.R. No. 1980 of 1996 is treated as the main case, for, the order directing the suit to be converted into a full-fledged title suit is the outcome and consequence of the addition of Md. Sayeed. The suit in question has been filed for eviction of the defendant-opposite party No, 1. The intervenor-opposite party No. 2 claims title in himself.