IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1071 of 2008 BHOJESH KUMAR MAHTO @ BHOJESH KUMAR Versus SHYAMANAND YADAV@LAXAMI YADAV With C.R. No.1084 of 2008 BHOJESH KUMAR MAHTO @ BHOJESH Versus SHYAMANAND YADAV@LAXMI YADAV&A with C.R. No.1095 of 2008 BHOJESH KUMAR MAHTO @ BHOJESH Versus SHYAMANAND YADAV@LAXAMI YADAV with C.R. No.601 of 2008 BHOJESH KUMAR MAHTO @ BHOJESH KUMAR Versus SHYAMANAND YADAV@LAXMI YADAV &ANR ----------- 3 21.8.2008 Heard learned counsel for the petitioners. In the opinion of this Court all the four civil revision applications against impugned order refusing to add intervenors as a party to an Eviction suit can not faulted by this Court in the light of settled principle of law that in an Eviction suit brought by the landlord against a tenant if a third person comes with a claim of title he does not become necessary party within the ambit of Order 1 rule 10 CPC. Reference in this connection may be made in the case of Shanti Devi vs. Bindhyachal Pd Choudhary & ors reported in 2004(1) PLJR 763. Mr Tara Kant Jha, learned senior counsel appearing on behalf of the petitioners, however, 2 contends that the principle of Order 1 rule 10 (2) CPC as has been involved in the case, would also in its wide ambit, allow intervenor in an Eviction suit to be added as a party. He in this context places reliance on a judgment of Apex Court in the case of Savitri Devi vs District Judge, Gorakhpur &ors reported in AIR 1999 S.C. 976 and this court in the case of Atma Ram Khemka & ors vs. Punjab National Bank & ors reported in 2008(2) PLJR 449. Having however considered the scope of the ratio of Savitri Devi case (supra) and Atma Ram case (supra), this Court is of the view that neither of the aforesaid two case would be applicable to the facts of the present case nor they do relate to addition of party in an Eviction suit. At this stage, Mr Jha seeks permission to withdraw these applications in order to file independent suit on behalf of the intervenors. Accordingly, all these four civil revision applications are dismissed as withdrawn with the aforementioned liberty. shahid (Mihir Kumar Jha, J) 3