TUNTUN PASWAN Vs. LAGAN PASWAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners and perused the record.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioners for quashing the order dated 03.02.2018 passed by the learned Additional Munsif, Sitamarhi in Title Suit No. 42 of 2008 whereby the application filed by the petitioner under Section 80 of the Code of Civil Procedure (for short 'CPC') has been rejected.

(3.) The petitioner has filed Title Suit No. 42 of 2008 for declaration that several deeds mentioned in the plaint were bad and for a further declaration of title and confirmation of possession and in the alternative for delivery of possession of the suit land. After closure of evidence when the arguments were being advanced, the petitioner filed an application on 07.02.2017 praying therein to dispense with issuance of notice to the State in terms of Section 80(2) of the CPC and implead the State of Bihar as defendant. Contesting defendants contested the matter. After hearing the parties, the learned Munsif dismissed the application dated 07.02.2017 filed by the petitioners.