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2000 Supreme(Pat) 481

S.N.PATHAK
Guneshwar Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This revision is directed against the order dated 21.7.99 passed by the Learned Munsif, Khagaria in Title Suit No.1 of 1997.

2. The relevent facts are that the plaintiffs-revisionists filed a T.S. No. 1 of 1997 against the original defendants who were State of Bihar and Block Development Officer, Choutham, seeking an injunction against them from interfering with the possession of the suit property by the plaintiffs and from carrying any demolition of his boundary wall in order to construct a road. The State of Bihar appeared and fifed show cause against the prayer of injunction and it was averred that road was being constructed through the land of the plaintiff and the injunction matter was, accordingly, disposed of. Some witnesses were examined on behalf of the plaintiffs and when the 3rd witness was produced for examination, suddenly opposite parties no.3 and 4 appeared and filed a petition that they should be added as party to the suit in the representative capacity because the suit land was gairmajarua aam land over which the general public has right.

3. On perusal of the impugned order, I find that the learned Munsif directed opposite party nos. 3 and 4, Naresh Pras



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