SHYAMANANDA SAHANA Vs. SMT. MAJU DEVI AND ORS.

JUDGEMENT

(1.) THE present writ petition has been preferred against the order passed by the learned Munsif, Koderma dated 30th November, 2010 in Eviction Suit No. 1 of 2010 whereby, an application preferred by the present Petitioner under Order 1 Rule 10 of the Code of Civil Procedure has been rejected and therefore, the intervenor has preferred this writ petition.

(2.) HAVING heard counsel for both the sides and looking to the facts and circumstances of the case, I hereby, quash and set aside the order passed by the learned Munsif, Koderma dated 30th November, 2010 in Eviction Suit No. 1 of 2010 mainly for the reason that Respondent Nos. 1 and 2 are the original Plaintiffs, who have instituted Eviction Suit No. 1 of 2010.

(3.) MOREOVER , looking to the facts of the case, the Petitioner is a trustee of the suit property and it appears that he wants to bring correct fact before the trial court about the illegal sale deed entered into by the previous trustees in favour of the Plaintiffs i.e. present Respondent Nos. 1 and 2 or predecessor in title. These facts are not properly appreciated by the trial court, which is an error apparent on the face of record.