PANKAJ KUMAR Vs. SARANGDBAR PRASAD SINGH

JUDGEMENT

(1.) This civil revision application is directed against the order dated 5-9-1985 passed by Sri R. P. Verma, Subordinate Judge, Ist court, Patna in Title Suit No. 307 of 1984 whereby and whereunder he granted leave to plaintiff No. 1 to withdraw the entire suit in spite of the objections raised in this regard by the plaintiff No. 2. The plaintiff No. 2 was allegedly the minor adopted son of the plaintiff No. 1-opposite party No. 9.

(2.) The petitioner as also the opposite party No. 9 filed a suit for declaration that certain documents as described in details in the first schedule appended to the plaint were forged, fabricated, invalid and they were executed without consideration as such were liable to be cancelled. Apart from the aforementioned relief, the plaintiffs further prayed for a decree for injunction restraining the respondents from creating any disturbances over the suit land.

(3.) After the institution of the aforementioned suit the plaintiff No. 1 filed an application to the effect that he was misled and defrauded by one Siya Ram Singh and one Kapil Deo Singh and having been so defrauded, he described the plaintiff No. 2 in the plaint as his adopted son.