MOST DEORANI KUAR Vs. BHUNESHWAR SINGH

JUDGEMENT

(1.) 1. This Civil revision application is directed against the order dated 25.9.1997 passed by the Second Munsif, Gaya, in Title Suit No. 250 of 1995 whereby the Court below added opposite Party Nos. 1 and 2 as co -plaintiffs in the said suit.

(2.) The plaintiff -petitioner filed the aforesaid suit for declaration that the deed of gift dated 27.4.1995 executed by the plaintiff in favour of opposite party No. 3 is null void. The plaintiffs case was that opposite party Nos. 1 and 2 fraudulently filed the suit in the name of the plaintiff alleging that the she was limited owner of the suit property as her husband died before 1947. The plaintiff's case was that after getting knowledge of the filing of the suit she was preparing to take steps in the suit but in the meantime the opposite party Nos. 1 and 2 filed an application under Order 1, Rule 10 of the Civil Procedure Code praying that they may be added in the category of the plaintiff on the apprehension that the plaintiff might go against their interest. The said application was resisted by the plaintiff and the opposite party -second set. The Court below after hearing he parties allowed the application.

(3.) I have heard learned Counsel for the parties and also perused the impugned order. The Court below took the view that since the suit properties at one point of time held and possessed by common ancestor of the plaintiff and opposite party Nos. 1 and 2 and therefore, the said opposite parties may -be brought in the category of plaintiff.