Sheema Ali Khan, J.

1. The plaintiffs-petitioners are the landlords who had filed a suit for eviction from a shop situated in a building known as "Vishwash (Amawan House)" situated in North Krishnapuri in the town of Patna.

2. The suit for eviction has been filed on the ground of personal necessity under Section 11(1)(C) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act) and hence the suit is being filed under Section 14 of the Act.

3. By the impugned order dated 20-1-2009 the Munsif, III, Patna has allowed the opposite party No. 4 to be added as party in place of his mother Smt. Rajyashree Sinha who died during the pendency of the suit along with the partners of M/s. Priti Garments having the business in the name and style of M/s. "Bachpan His and Hers" who have been impleaded as defendants 2 to 4.

4. The eviction suit was filed in the year 2001. It would be important to state a few facts with respect to title eviction suit No. 34 of 2001. The defendants appeared in this suit and took permission under Section 14(4) of the Act for grant of leave to contest. The leave was granted and thereafter the defendant adopted the g