IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12685 of 2011 Bibi Najama Khatoon & Anr Versus The State Of Bihar & Anr ---------------------------------- 02. 08.08.2011. Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the interveners-petitioners against the order dated 23.05.2011 passed by Sub Judge 4th Bhagalpur in Title Suit No.200 of 1970 whereby the learned Court below rejected the application filed by the petitioners under Order 1 Rule 10 of the Code of Civil Procedure for being added as party in the suit. The learned counsel for the petitioner submitted that the petitioners are the real owner of the suit property and, therefore, they filed the application when they came to know about the pendency of the suit regarding their property but the learned Court below without giving any finding regarding their right, title and interest of possession rejected the application. From perusal of the impugned order, it appears that the learned Court below found that the suit is for specific performance of contract and - 2 - the petitioners are not party to the contract. The learned Court below also observed that because of Khatiyan only it cannot be said that the petitioners are in possession of the suit property. Moreover in the present case, it is admitted fact that the plaintiff has filed the suit for specific performance of the contract and admittedly petitioners are not party to the contract. The question to be decided in the suit in specific performance is whether the alleged contract is enforceable specifically in the eye of law or not. So far the petitioners are concerned, they are claiming to be the real owner of the property. In a suit for specific performance of contract, this question raised by the petitioner cannot be decided. In view of the above fact, I find no reason to interfere with the impugned order. Accordingly, this writ application under Article 227 of the Constitution of India is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)