ANIL KUMAR SINHA, J.:–The petitioner, who is the plaintiff no. 1 in Title Suit No. 1367 of 2014, has challenged the order, dated 15.06.2017, passed by the learned Sub Judge-XIII, Muzaffarpur, whereby the intervention petition filed by the respondent no. 1, who is the own brother of the petitioner-plaintiff, has been allowed and he has been impleaded as party-defendant in the suit.

2. The petitioner, along with his sons and wife, being plaintiff nos. 1 to 4, filed Title Suit No. 1367 of 2014, in which another brother of the petitioner-plaintiff no. 1, Binod Kumar and his son, Ashish Kumar, were made defendants. The said suit has been filed for declaration of title of the plaintiffs upon Schedule-I land, described in the plaint and for confirmation of possession over the said Schedule-I land, inter alia, on the facts that the petitioner-plaintiff no. 1 and the defendant no. 1-respondent no. 2 are the sons of Late Dhurkheli Rai and both brothers are separate in mess and business and their another brother, Bhairo Rai, intervenor petitioner-respondent no. 1 has no concern with the cultivation or business of the other two brothers.

3. The plaintiff no. 4-respondent no. 6 purchased land of