Kayasts Pathshala Through Anil Kumar Bhatnagar v. Dr. Nirmal Kumar Gupta And ORS

Patna High Court CWJC No.10886 of 2015 (2) dt.27-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10886 of 2015 ====================================================== Kayasts Pathshala Through Anil Kumar Bhatnagar .... .... Petitioner/s

Versus

Dr. Nirmal Kumar Gupta & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivek Prasad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-04-2016 Heard the learned counsel, Mr. Vivek Prasad for the petitioner.

The learned Munsif, Sitamarhi rejected the intervention application filed by the petitioner for being added as party in eviction suit.

From perusal of the order passed by the Court below, it appears that the petitioner is claiming to be added as party on the ground that he is the real owner of the property. It is settled principles of law that in an eviction suit, the question of title is irrelevant, therefore, for deciding the question involved in the eviction suit, the presence of the petitioner is not at all necessary. In my opinion, therefore, the Court below has rightly rejected the application.

Thus, this writ application is dismissed.

Saurabh/- (Mungeshwar Sahoo, J) U T