BUDHAN PRASAD SAH Vs. URMILA DEVI

JUDGEMENT

(1.) This civil revision arisen from order dated 16.1.87 passed by the 4th Subordinate Judge, Bhagalpur, in Title Suit No. 80 of 1995. By the impugned order the court below has rejected the petition filed in the plaintiff-petitioners to consolidate the suit with title suit No. 152 of 1993. The facts so far as relevant are as follows : The opposite party Nos. 1 to 4 filed Title Suit No. 152 of 1993 seeking, inter alia a declaration that they are owners and title-holders in possession of tile suit land fully described in Schedule II of the plaint and the defendant has no manner of concern with the same, and the survey entry in respect thereof in the name of the defendant is wrong illegal, void, without jurisdiction and not binding on the plaintiffs. The sole defendant of the suit is Bhagalpur Municipal Corporation through its Administrator. The suit land as described in Schedule II of :the plaint is a piece of land measuring .005 Hectare equivalent to 11 dhurs of plot No. 1567 Khata No. 1878 within ward No. 10 in Bhagalpur town. The opposite party claims the suit land on the basis of sale deed dated 10.11.1960.

(2.) Petitioner No. 1 filed-an application for intervention in the suit, which was dismissed. It is stated that the order was challenged in civil revision, which was also dismissed. It is stated that thereafter petitioner No. 2 (wife of petitioner No, 1) also filed similar application which met the same fate. They have filed the present suit i.e. Title Suit No. 80 of 1995 seeking a declaration of their right over the suit land described in Schedule B to the plaint. It may be mentioned here that the suit land is the same land, which is subject matter of Title Suit No. 152 of 1993 referred to above.

(3.) The application for consolidation of the two suits was filed on the ground that not only the parties to the two suits are common- but the subject matter of the suit also is the same and the issues to be decided in the two suits also are identical.