JUDGMENT :

1. This is an application for setting aside the order dated 05.02.2018 passed in Title Suit No. 77 of 2005 by learned Sub-Judge -2nd , Purnia whereby and whereunder the Court below has allowed the substitution petition under Order 22, Rule 3 C.P.C. filed by Respondent 1st set and Sapna Kumari has been allowed to be substituted as co-plaintiff additionally in this suit.

2. It has been submitted by the learned counsel for the petitioners that the matter arises out of Title Suit no. 77 of 2005 filed by sole deceased plaintiff namely Jwala Prasad Gupta against respondents 2nd set and 3rd set herein for reliefs that suit property be declared to be belonging to the plaintiff and defendant 1st set has no concern and further it be declared that the decree passed in Eviction Suit No. 24 of 1996 by the court of Additional Munsif, Purnia and the decree passed in the Title Suit No. 134 of 1997 by the Court of Sub Judge 4th, Purnia are wrong, illegal, fraudulent, collusive, void and not binding on the plaintiff and he further submits that defendant 2nd set are tenants and are liable to be evicted from the suit house and to deliver Khas possession of the suit house to the plaintiff.

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