NESAR AHMAD Vs. ANIL KUMAR

JUDGEMENT

(1.) The instant Civil Miscellaneous Petition has been filed to set aside the order dtd. 7/6/2022 passed by Civil Judge Sr. Division XI, Ranchi whereby the petition filed by them under Order I Rule 10(2) C.P.C. in O.S. No.184 of 2006, has been rejected.

(2.) The petitioners field the petition dtd. 24/5/2022 for being impleaded which has been rejected by the learned Court below for the reason that they were not necessary party in the suit and impleading the petitioner at that stage would result in de novo trial and delay in the disposal of the suit.

(3.) It is argued on behalf of petitioners that they are in possession of the suit property and they are heirs and descendants of the recorded tenants. It is contended that the suit land was recorded in the name of Mir Sakir Ali father of the petitioner and they were in possession and holding receipt of Ranchi Municipal Corporation was issued in their favour. In support of the contention, Khatian of Khata No. 97 recorded with respect to different plots including Plot no. 786 which is a part of the suit land recorded in the name of Mir Sakir Ali and others have been filed. It is submitted that the land in question is also mutated in Ranchi municipal office in the name of petitioner no.1 and his pain holding taxes regularly.