JUDGMENT :

R.K. Dash, J. - This revision at the instance of defendant No. 1 is against the order of the learned Additional District Judge, Bhadrak, passed in Title Appeal No. 9 of 1984 allowing the plaintiff's prayer for addition of State of Orissa as defendant to the suit.

2. To appreciate the question posed in the present revision it is necessary to recapitulate the factual aspect as stated hereunder:

Plaintiff filed Title Suit No. 189 of 1979 in representative capacity under Order 1, Rule 8, CPC for a declaration of customary right of the villagers over the suit land as described in the schedule of the plaint, for permanent injunction restraining the defendants from interfering in the exercise of their such right and for a declaration that the sale deed in respect of the suit land which stands in the names of the defendants is illegal and inoperative.

3. Defendants 1 and 2 countered the plaintiff's claim of customary right and asserted that the suit land originally belonged to the ex-landlords Quutubuddin Hossain and others who leased out the same in favour of one Abdul Hai and put him in possession thereof. Subsequently the successors of the aforesaid lessee sold away the suit lan