1. Heard learned counsel for the parties.

2. The plaintiff in Eviction Suit Nos. 71, 72 and 73 of 1993 is aggrieved by the order dated 9.5.2002, whereby the District Judge, Patna has transferred the aforesaid eviction suits as well as Title Suit No. 49 of 1989 from the court of Execution Munsif, Patna to the court of Subordinate Judge XII, Patna for disposal where Title Suit No. 179 of 2000 is pending. He has further directed the Subordinate Judge to hear the parties on the point of analogous trial of the aforesaid suits and to proceed in accordance with law.

3. Eviction suits have been filed by the petitioner for eviction of tenants, who are not party in the title suit. Title suit has been filed claiming title where the petitioner is a party.

4. The only question for consideration is as to whether eviction suits and title suits should be heard together.

5. It is now well settled that in a suit for eviction question of title cannot be gone into and when complicated question of title arises in eviction suit, the court cannot proceed with the eviction suit and the question of title has to be gone into first. In this connection, reference may be made to the judgment of the Ape