ORDER

Learned counsel for the petitioners prays for and permission is granted to make necessary corrections in the prayer portion of the petition.

2. Heard learned counsel for the petitioners.

3. None appears for the respondents 1st Set/Intervenors despite vakalatnama having been filed on behalf of respondents 1st Set/Intervenors.

4. This application has been filed for quashing of order dated 13.03.2018 passed by learned Sub-Judge-III, Dalsingsarai, Samastipur by which learned Judge allowed the application of intervenor/respondents 1st Set for being added as a party in Title Suit No. 97 of 2014 under Order 1 Rule 10(2) C.P.C.

5. Learned counsel for the respondents 1st Set/Intervenors who had filed vakalatnama submits that the respondents 1st Set/Intervenors have taken the file and no objection from him.

6. It has been submitted by learned counsel for the petitioners that plaintiffs/petitioners have filed a Title Suit No.97 of 2014 for grant the decree of declaration of right, title and interest over the schedule-II lands of the plaint by declaring the sale deed executed by the defendant 3rd party in favour of defendant 1st party illegal and Revisional Survey Khatiyan no. 6,42,46,54 and 80 has wrongly been prepared in name of defendants and the same is illegal and not binding upon the plaintiffs. He has further prayed for grant the decree for recovery of possession over schedule III to schedule VI lands of the plaint in favour of the plaintiffs and against the defendants 1st party, 3rd, 4th and 5th party.

7. The case of the plaintiffs/petitioners is that the plaintiffs belong to the Hindu Mitakshara family along with the defendants. The lands as detailed in schedule 2 of the plaint are ancestral khatiyani land of ancestors of the plaintiffs who were the recorded tenants of cad-astral survey record of right in respect of schedule 2 of the plaint. The plaintiffs and their ancestors are in peaceful possession of schedule 2 lands of the plaint and the ancestors of the plaintiffs are paying rents also. The cause of action for filing the suit arose several times when defendants started making illegal claim over suit lands by illegally and forcibly dispossessing the plaintiffs from the suit lands and selling the suit property. The defendants have filed written statements and they have stated that the said suit is not maintainable as the plaintiffs have got no cause of action. The suit is barred by limitation, waiver, estoppel and acquiescence and is also bad for adding necessary parties. The suit is barred by provision of Specific Relief Act and Bihar Tenancy Act and the plaintiffs have not paid proper court fees. The defendants do not admit any of the allegations mentioned in the plaint except those that are specifically admitted in their written statements. The defendant's case is that the plaintiffs are not paying any kind of rent to the State and the plaintiffs have no concern with the said suit.

8. Learned counsel for the petitioners submits that defendants/respondents 2nd set filed an application on under Order 1 Rule, 10(2) of CPC in Title Suit No.97 of 2014 in the court of Sub Judge -1st, Dalsingsarai for addition of the party as intervenors/defendants to prove the full facts in the suit. They have submitted that the lands under the suit is the ancestral property of the petitioners and the intervenors inherited the property left by co-sharers landlord, namely, Balmukund Tiwari and Rambhujan Tiwari through inheritance and survivorship. The intervenors are bonafide title holders and their presence is absolutely necessary for settling all the questions involved in the suit. The plaintiffs/petitioners filed a rejoinder to the application dated 10.11.2014 in Title Suit No.97 of 2014 and submitted that the application is not maintainable either on facts or law. It has been filed with mala fide intention in collusion with defendants, through intervenors are claiming independent right of properties to the suit. The intervenors have no cause o