JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 16.04.2015 passed by the learned Civil Judge (Senior Division), Rairangpur in Civil Suit No.163 of 2014, whereby and where under the learned trial court allowed the application of the defendants 5 to 10 under Order 1 Rule 10 CPC to strike out their names.

2. The petitioners as well as opposite party no.11 as plaintiffs instituted Civil Suit No.163 of 2014 in the court of the learned Civil Judge (Senior Division), Rairangpur for declaration of title, conformation of possession and permanent injunction impleading opposite parties 1 to 10 as defendants. Pursuant to issuance of summons, defendants 1 to 4 entered appearance and filed a written statement denying the assertions made in the plaint. While the matter stood thus, defendants 5 to 10 filed an application under Order 1 Rule 10 (2) CPC to strike out their names stating therein that they have no direct interest in the subject-matter of the suit. They are neither necessary nor proper parties to the suit. The plaintiffs filed an objection to the same. Learned trial court came to hold that no relief is claimed against defendants 5 to 10. Their presence is not necessary to