IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1271 of 2006 MOHD.ZEAULLAH Versus MAJDA KHATOON & ORS ----------- 4 16.12.2008 Heard counsel for the parties. In the opinion of this Court, when from the reading of the plaint it becomes clear that all that was required to be gone into as to whether the land claimed by the petitioners in plot no. 653 & 655 to the extent of 1 decimal and 1 ½ decimal were in possession of the petitioner or were sought to be encroached by the neighbour, the defendants in Title Suit No. 158/2002 by virtue of their being in possession of plot no. 654. In that limited compass, there was no prospect for the intervener Md. Inam to be added as a party to the suit. The fact as to whether Md. Inam had his right in plot no. 653 & 655 by virtue of earlier registered sale deed dated 30.8.1977 was in fact not even required to be gone into for the limited purpose of the suit. Here all that has to be gone into is as to whether defendants have encroached the land of the plaintiff-petitioner in plot no. 653 & 655 by extending their own plot no. 654. That being so, when there is no question of even determination of title of plot no. 653 & 655 between the plaintiff-petitioner and Md. Inam, the presence of Md. 2 Inam will unnecessarily complicate the limited compass of the suit. Therefore, in the opinion of this Court, Md. Imam is neither a necessary party nor a proper party and the impugned order allowing impleadment is hereby set aside. The apprehension of Md. Inam as pressed by his counsel before this Court that the judgment and decree of the suit may adversely affect his rights flowing out of the registered sale deed dated 30.8.1977 has only to be noticed for its being rejected because once Md. Inam is not a party to the proceedings, no part of the findings recorded therein in would in any way prejudice him as with regard to the inter-se claim of the title with regard to the aforesaid property between him and the plaintiff-petitioner. That being so, this application is allowed and the impugned order is set aside with the aforementioned observations. Rsh (Mihir Kumar Jha, J.)