LAKHAN BASKI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved Of Order Dated 14.02.2017 Passed In Title Suit No.315 of 2014, the petitioner has approached this Court.

(2.) The Petitioner Is Plaintiff In Title Suit No.315 Of 2014. The suit was instituted for a declaration of plaintiff's right, title and interest in ScheduleA land and for a decree of confirmation of his possession over the suit land; alternatively if the plaintiff is found dispossessed during the pendency of the suit recovery of Khas possession to him be given. A prayer of permanent injunction restraining the defendant no.4 from interfering with possession of the plaintiff is also made. In the pending suit an application under Order I Rule 10(2) CPC was filed by one Manmatha Kumar Das for his impleadment in Title Suit No.315 of 2014 as a defendant in the suit. This application has been allowed vide impugned order dated 14.02.2017. Aggrieved thereof, the petitioner has approached this Court.

(3.) Mr. Prabhash Kumar, the learned counsel for the petitioner submits that Title Suit No.315 of 2014 was instituted by the petitioner aggrieved of action of the defendantState. In the suit no declaration has been sought against the intervener, and if his impleadment is allowed in the title suit, it would lead to a situation in which three persons are claiming right, title and interest over the suit schedule property and thus any decision in the title suit may affect the petitioner adversely.