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1983 Supreme(Pat) 311

ASHWINI KUMAR SINHA
Raja Ram Singh – Appellant
Versus
Kapildeo Singh – Respondent


Judgment

1. Civil Revision No. 1219 of 1981 and Civil Revision No. 1221 of 1981 arise out of the same order. They have been heard together and are being disposed of by this common judgment.

2. Opposite Parties 1 and 2 filed title Suit No. 121 Of 1975 in the Court of Subordinate Judge, Begusarai, against opposite parties 3 to 15 for partition of schedules A, B and C lands and also for carving a separate Patti of the plaintiffs by a pleader commissioner and thereafter for passing preliminary decree. It is desirable to mention just here that the petitioners in the instant two revision applications were not made parties in the title suit.

3. The aforesaid two revision applications are directed against order dated 2nd July. 1981 by which the applications filed by the petitioners of each case for being added as intervener-defendants have been rejected by the court below. Thus, the two sets of applicants who claimed to be added as intervener-defendants in the aforesaid title suit have filed separate revision applications. The court below, by its impugned order, held as follows. Admittedly, there was a collectorate partition case 19 of 1926 and that two tauzis viz. 10038 and 10039 were carv



















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