ORAL JUDGMENT

Date : 03-07-2023 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 30.10.2017 passed in T.S. No. 206 of 2002 by the learned Sub-Judge-Ist, Dumaraon (Buxar) whereby and whereunder a petition by respondent/plaintiff under Order 22 Rule 4 and Section 151 of C.P.C. for substitution of Late Jamuna Das has been allowed.

3. The brief facts of the case are that the petitioner had filed a Title Suit No. 125 of 1991 for declaration of the disputed temple and its properties to be her private trust which was decreed in favour of the petitioner judgment and decree dated 20.03.2002. The respondent-plaintiff filed a Title Suit No. 206 of 2002 for declaration that judgment and decree passed in Title Suit No. 125 of 1991 will not be binding on plaintiff and general public with regard to pooja path and entrance in the disputed temple and the contesting defendant including the petitioner should not interfere in it. Respondent/plaintiff earlier filed a petition dated 28.05.2015 under Order 22 Rule 4 and Section 151 of CPC for expunging the name of Jamuna Das who had died on