SUNDAR JHA Vs. BANSMAN JHA

JUDGEMENT

(1.) This is an appeal from the order of the Sub-Judge returning a plaint for amendment on the ground that it was bad for misjoinder.

(2.) The plaintiffs are 4 in number and they all claim possession of the entire 16 annas of certain properties. They claim under different titles. The first three are heirs of Kamala Nath Jha, deceased, while plaintiff No. 4 derives his title to ten annas out of the sixteen by purchase from plaintiffs Nos. 1 to 3.

(3.) The learned Subordinate Judge considered that the cause of action of plaintiffs 1 to 3 was a different cause of action from that of plaintiff No. 4, and accordingly returned the plaint for amendment.