JUDGMENT :

P.C. Misra, J. - The Petitioner in this revision filed an application in the Court of the Subordinate Judge, Sonepur in Title Suit No. 5 of 1980 praying therein to be impleaded as parties to the suit. The learned Subordinate Judge refused to implead them as parties to the suit and held that they were neither necessary nor proper parties and came to the ultimate conclusion that their application under Order 1, Rule 10(2) of the CPC (for short 'the Code') was not maintainable.

2. The learned Single Judge before whom this revision came up for hearing has observed that there are divergent authorities of this Court on the point whether the Court should allow a party to be added w hen the Plaintiff does not make such person as party in the suit and there being no uniformity of decision on this question, he has referred the matter to a larger Bench for decision.

3. The Plaintiffs have filed the aforesaid suit in the Court of the learned Subordinate Judge. Sonepur, for a declaration that the Tahasildar had no jurisdiction to correct the finally published record-of-rights and for permanent injunction against the Defendants from interfering with the possession and enjoyment of the Pl