THAKUR RADHA KRISHNA JEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioners have filed this civil miscellaneous petition against the order dtd. 20/9/2016, passed by the learned Sub-JUDGE-VIII, Bhagalpur in Title Suit No.278 of 2015 by which the respondent no.2 has been made intervenor-defendant.

(3.) The plaintiffs filed the suit for declaration of title and for correction of the record of rights recorded in the name of Sub Patna Judge/State of Bihar with regard to the lands mentioned in the Schedule of the plaint. During the pendency of the suit, the petitioners filed petition under Order 1, Rule 10(2) of the Code of Civil Procedure for being impleaded as intervenors-defendants on the basis of the facts that respondent no.2 purchased the land of Khata No.584, RSP No.740 from Savitri Devi vide sale deed no.789 dtd. 23/3/2015. The respondent no.2 further stated that Madan Mohan Mishra and Raj Mohan Mishra, the father and son, sold the land to Savitri Devi on 6/2/1970 vide sale deed no.347 bearing Old Holding No.17, New Holding No.19 situated in Ward No.7 and Savitri Devi came in possession and later on vide sale deed dtd. 23/3/2015 executed the sale deed in favour of the respondent no.2. The respondent further stated that he is the necessary party in the suit. The learned Sub-Judge-VIII, Bhagalpur after hearing both sides allowed the petition of the intervenor-respondent no.1 without recording a finding with regard to the fact that whether the respondent-intervenor is a necessary or proper party in the suit.