This petition has been filed under Article 227 of the Constitution of India against the order dated 2.9.2008 passed in Title Suit No. 36 of 2005 by the learned Munsif 1st at Dhanbad, in which he has allowed the petition of the husband and daughter under Order XXII Rule 3 read with Section 151 of the Code of Civil Procedure for substituting their names in place of plaintiff no. 1, Smt. Somaraiya Devi.

2. In substance, the brief facts of the case are that Smt. Somaraiya Devi and other plaintiffs filed a suit before the learned Munsif seeking declaration of the title of the property. During the pendency of the suit, plaintiff no. 1 Smt. Somaraiya Devi died, leaving behind her husband, married daughter and son. The son of plaintiff no. 1, Smt. Somaraiya Devi, was already on record as plaintiff no. 2. The respondent nos. 2 and 3 made an application as married daughter of plaintiff no. 1 and the husband of the plaintiff no. 1 (deceased) for their substitution in place of plaintiff no. 1.

3. Defendant-petitioner objected the said' application and took the plea that Smt. Somaraiya Devi (deceased) has specifically stated in her plaint that her husband Satya Narain Rai has not contributed