1. This revision by the plaintiff is directed against the order dated 8-3-1973, passed by the Munsif of Bettiah in title suit No. 81 of 1972 impleading the intervenor as party defendant No. 5 in the suit.

2. The suit was filed for declaration that the lands described in the schedule of the plaint were kaimi lands of the petitioner and that opposite parties Nos. 1 to 3 defendants 1 to 3 (defendants 1st party) had no right to settle the suit land with opposite party No. 4 (defendant No. 4 - defendant 2nd party) and as such the said settlement in favour of defendant No. 4 is illegal and void and has not conveyed any right, title and interest in the suit lands.

3. The plaintiffs case in short was that he is the raiyat of village Manguraha and is in possession of the suit land since the last 30 to 32 years and ultimately those lands were settled with him by the circle officer in case No. 13 of 1961-62 after due enquiry and rent was fixed in his name. The further allegation was that defendant No. 4 filed an application for fixation of rent with regard to the suit lands which was registered as rent fixation case No. 148 of 1963 but the same was dismissed for default on 20-4-1965.