(1.) Present petition under Article 227 of the Constitution of India has been filed for quashing of order dtd. 12/3/2020 passed in Title Eviction Suit No. 18/2010 by learned Civil Judge (Junior Division) X, Jamshedpur (Annexure 4) whereby and whereunder learned Civil Judge Junior Division, X, Jamshedpur has dismissed the application under Order XXII Rule 3 read with Sec. 151 CPC filed by the petitioner.
(2.) Factual matrix giving rise to this petition is that the original plaintiff Parshuram Prasad 'husband of petitioner no.1' being owner of the suit land and house situated in the Municipal Holding No. 103 municipal ward no. 4, corresponding to Survey Plot No. 1098, Khata No. 8, Chhapraiya Mohalla, House No. 103 Mouza Jugsalai. P.S., Jugasalain Town Jamshedpur, has filed the aforesaid eviction suit stating interalia that defendant Kamla Devi (Opposite Party) is a sister of the plaintiff. It is alleged that about 10 years back, the defendant and her husband were facing accommodation problem and was in dire need of residential accommodation. Hence, on account of sympathy the plaintiff allowed the defendant to occupy and live in the suit premises with her husband and children. The husband of defendant expired and his sister (defendant) is living in the suit premises along with her children and due to increase in family members of the plaintiff, a request was made to the defendant to vacate the suit premises which she agreed and promised to vacate the suit premises by 31/12/2009. The intention of the defendant became malafide and she on one pretext or other did not vacate the suit premises and ultimately denied to vacate the suit premises, hence, the suit was instituted claming relief for a decree of recovery of possession of the suit premises vacating the defendant therefrom along with cost of the suit.
(3.) It appears that during pendency of the suit, original plaintiff Parshuram Prasad died on 14/5/2019 leaving behind his wife and sons as heirs and legal representatives. Consequentially, an application under Order XXII Rule 3 read with Sec. 151 CPC was filed by the present petitioners before the learned court below for their substitution in place of original plaintiff to contest the suit, which has been dismissed on extraneous considerations and same has been assailed in this petition.