S.N.Hussain, J.

1. Heard learned counsel for the parties.

2. Petitioner Bihar State Sunni Wakf Board is the intervenor of Title Eviction Suit No. 19 of 2003 which was filed by O.P. No. 1 for eviction of O.P. No. 2 under the provisions of Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act for the sake of brevity).

3. The petitioner is aggrieved by order dated 24.2.2005 passed in the aforesaid suit by which the learned Additional Second Munsif, Patna, rejected its petition dated 1.9.2004 under Order 1 Rule 10(2) and sec. 151, CPC for impleading the petitioner as intervenor-defendant No. 2 in the said suit.

4. Learned counsel for the parties submit that the aforesaid intervention petition was only contested by the plaintiff and the defendant had no concern with it. In the said circumstances, there is no necessity of sending any notice to opposite party No. 2 whereas the plaintiff-opposite party No. 1 has already appeared in this revision and is contesting the same.

5. Learned counsel for the petitioner submits that the Wakf Board is a necessary party for the purposes of the suit as the property involved was a Wakf property which is