JUDGMENT (CAV)

Heard learned counsel for the parties.

2. This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dated 29.05.2018 passed by learned Sub Judge, Bagaha, West Champaran in Title Suit No. 7 of 2014, whereby and whereunder the learned Court has granted permission to the respondent No. 2 to adduce evidence on the basis of power of attorney of original plaintiff.

3. The plaintiff / respondent 1st set filed suit bearing Title Suit No. 7 of 2014 for declaration of right and title over the suit land and also for declaration that the sale deed dated 18.07.2013 is null and void and not binding on the plaintiff. The claim of the plaintiff is that she is the owner of the suit land which was allotted to her in partition. The plaintiff has right and title over the suit land, hence sale deed executed by defendant No.1 to defendant Nos. 2 and 3 is illegal and not valid.

4. Defendants appeared in the case and filed written statement and denied the statement of the plaint. The case of the defendants is that in partition the suit land was allotted to the share of defendants alongwith some other lands and the said land was sold