IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.594 of 2009 MAHENDRA MAHTO, S/O LATE KISHORI MAHTO, R/O MOHALLA-CHHOTI PAHARI, P.S.-AGAMKUAN, DISTRICT-PATNA. ………………(PLAINTIFF) PETITIONER. Versus 1. RAMESHWAR PRASAD SINGH, S/O LATE BAIJ NATH SINGH 2. VIDYA NAND SINHA, S/O LATE BAIJ NATH SINGH 3. BHOLA SINGH, S/O LATE BAIJ NATH SINGH 4. SHYAM SUNDAR SINGH, S/O RAMESHWAR PRASAD SINGH 5. BINOD KUMAR, S/O RAMESHWAR PRASAD SINGH 6. KUMAR PANKAJ, S/O RAMESHWAR PRASAD SINGH ALL ARE RESIDENTS OF VILLAGE-BADAURA, P.S.- CHANDI, DISTRICT-NALANDA. …………(DEFENDANT 1ST SET). 7. SURENDRA SINGH 8. VIKASH KUMAR 9. ARUN KUMAR SINHA 10. ASHOK KUMAR SINHA 11. SANJAY KUMAR 12. PARMESHWAR KUMAR ALL ARE SONS OF BAIDYA NAND SINHA, R/O VILLAGE-BADAURA, P.S.-CHANDI, DISTRICT- NALANDA. ………(DEFENDANT 2ND SET). 13. SURENDRA MAHTO 14. JITNEDRA MAHTO 15. DHANU MAHTO ALL ARE SONS OF LATE KISHORI MAHTO 16. MOST. KAUSHILYA DEVI, WIDOW OF LATE KISHORI MAHOT, ALL ARE RESIDENTS OF CHHOTI PAHARI, P.S.-AGAMKUAN, DISTRICT-PATNA. …………(DEFENDANT 3RD SET). 17. GANESH MAHTO, S/O LATE DHAU MAHTO, R/O MOHALLA-CHHOTI PAHARI, P.S.-AGAMKUAN, DISTRICT-PATNA. ……………(INTERVENER) OPP. PARTIES. ----------- 3 29.04.2009 Heard learned counsel for the petitioner. This revision application has been filed by the plaintiff against order dated 2.1.2009 passed by Sub-Judge-I, Patna City in Title Suit No. 188 of 2007 by which the learned court below has allowed the petition of intervener (Ganesh Mahto) for being added as defendant no. 17 in the suit. - 2 - The learned court below has found that the said intervener is the own brother of father of the plaintiff and, therefore, he may some interest in the disputed property. This Court does not find any error in the order of the learned court below and, therefore, does not find any merit in the revision application and the same is dismissed. The plaintiff will be at liberty to dispute any claim set-up by the said intervener- defendant on the basis of said defendant’s pleadings and evidence in earlier suit, namely, Title Suit No. 148 of 1997 denying any claim in the property. Arvind/ (J. N. Singh, J.)