Arun Kumar Jha, J.—The present Misc. Petition has been filed under Article 227 of the Constitution of India by the petitioner for setting aside the order dated 26.03.2018 passed by the learned Munsif-II, Sadar, Bhagalpur in Title Suit No. 109 of 1993 whereby and whereunder the learned Munsiff-II, Bhagalpur rejected the petition of intervenor-petitioner (present petitioner) filed under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) for impleadment of the petitioner as defendant in the aforesaid title suit.

2. Briefly stated the case of the petitioner is that Title Suit No. 109 of 1993 was filed by the private respondents who are Trustees of one Pachrukhi Goshala at District-Bhagalpur against the defendants, the State of Bihar and other authorities as well as private parties, seeking following relief(s):—

(i) For declaration that Pachrukhi Goshala is the rightful owner and is in possession of the suit land through its trustees and survey entry in the name of defendants is illegal.

(ii) For declaration of revisional survey entry to be wrong, inoperative and void.

(iii) Permanent injunction against defendants-1st party from distributing the suit land treating as Government land through purcha.

(iv) The cost of the suit and other relief(s) which the court may think fit and proper be awarded to the plaintiff.

3. The defendant-2nd party, Chandeshwar Mandal, appeared and filed his written statement claiming that the land in question was not related the State of Bihar and he further claimed his right, title and possession over the suit land.

4. On coming to know about the pending Title Suit No. 109 of 1993, the petitioner, who claimed her right, title and possession over one acre and 60 ½ decimal of land of khesra no. 80, khata no. 307 out of total area of 03-acre 76 decimal, filed intervention petition under Order 1 Rule 10 r/w Section 151 of the Code on 08.11.2017 to make her a party as intervenor defendant in the said suit. After hearing both the parties, the petition of the petitioner was rejected on 26.03.2018 by the learned Munsif-II, Sadar, Bhagalpur and the said order has been challenged in the present petition.

5. Learned counsel for the petitioner submitted that the petitioner has purchased the part of land of khesra no. 80 under khata no. 307 having area one acre 60 ½ decimal through registered sale-deed dated 14.05.2015 along with other land from one Vijay Chandra Das and got mutated her name in serista of State of Bihar vide mutation appeal no. 44/2015-16 dated 09.12.2016. After the mutation, the petitioner has been regularly paying the rent and obtaining rent receipts. The Circle Officer, Shahkund, Bhagalpur issued land possession certificate in the name of the present petitioner. The demarcation was also done by the Circle Officer, Shahkund. The vendor of the petitioner purchased the land through registered sale deed dated 19.11.1958 from one Rama Kant Mishra, who purchased the land on 19.09.1940 through registered sale-deed from one Brij Mohan Lal Das. The execution of sale-deeds shows continuous and peaceful possession on the suit property of khesra no. 80, khata no. 307 since 1940 either of the vendors or the petitioner herself. Thus, the petitioner is the absolute owner of the suit land. Learned counsel further submitted that the suit land of Title Suit No. 109 of 1993 pertains to Mouza-Fatehpur, Anchal- Shahkund, District-Bhagalpur bearing khata No. 307 Khesra Nos. 96, 191, 192, 725, 245, 568, 567, 704 and 80 having area in acres and decimals as follows: 3.48, 2.83, 2.79, 7.45, 28.19, 1.59, 2.69, 2.30, 3.76 – total area 55.08 acres. The claim of the petitioner is on 01 acre 60 ½ decimals of khesra no. 80 of khata no. 307.

6. Learned counsel further submitted that the impugned order is arbitrary and malafide and has been passed without application of judicial mind and is without jurisdiction. The learned court below committed error in not considering the fact