IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.492 of 2009 KASHI NATH SINGH & ORS Versus OM PRAKASH SINGH & ORS ----------- 4 29.04.2009 This civil revision application has been filed by the defendant against order dated 24.1.2009 passed by learned Sub-Judge-IX, Gopalganj in Title Suit No. 180 of 2001 by which the learned court below has dismissed the petition of the defendant praying for dismissal of the suit on the ground of non-joinder of the party. It appears that rejoinder was filed by the defendant denying necessity for making left over parties as party in the suit. The court below has observed that this legal point can be considered at the time of final disposal of the suit and, therefore, has dismissed the petition at this stage. It goes without saying that at the time of final hearing the defendant will be at liberty to raise the question of defect in the suit on account of non-joinder of necessary parties and pray for dismissal of the same on that ground. At this stage, in view of the - 2 - observations of learned court below, this Court does not find any merit in the revision application and the same is dismissed. Arvind/ (J. N. Singh, J.)