IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2299 of 2006 LALITA DEVI, wife of Shaligram Prasad Gupta @ Shaligram Sah, R/o Mohalla – Mususpur (Kalisthan), P.S. Kasim Bazar, District – Munger ………………………………... Intervenor / Petitioner Versus 1. MD.NASIMUDDIN, S/o Subham Mian, R/o Mohalla – Kaura Maidan Shadipur, P.S. Kasim Bazar, District Munger ….. Plaintiff / Opposite Party 1st Set, 2. Shaligram Sah, S/o Ram Chandra Prasad Sah, 3. Gopal Prasad, S/o Shaligram Sah, 4. Rabi Bhushan Prasad Sah, S/o Shaligram Sah, 5. Arbind Sah, S/o Ram Chandar Sah, All residents of Mohalla – Maksuspur (Kalisthan), P.S. Kasim Bazar, District – Munger…. ……………………………..Defendants / Opposite Party 2nd Set. ---------- 2. 03.09.2009. Heard Mr. Md. Faiz Ahmad, learned counsel for the petitioner. The petitioner is aggrieved by the order dated 12.10.2006 passed by the Munsif II, Munger in Eviction Suit No. 1/2003, whereby her application filed under Order I Rule 10 of the Code of Civil Procedure has been dismissed. Learned counsel for the petitioner submitted that the plaintiff had sold the property in question in favour of one Urmila Devi, and the petitioner had purchased the same from said Urmila Devi. The plaintiff had also filed Title Suit No. 127/2002 for declaration that the aforesaid sale deeds are null and void and, thus, are 2 not binding upon him. In view of the above, it is submitted that the petitioner of this case becomes a necessary party in the suit. The trial court on hearing the parties came to the conclusion that in the Eviction Suit the issues to be decided were as to whether there existed a landlord tenant relationship between the parties and if there was a bona fide personal necessity of the plaintiff? According to the trial court, the title with respect to the property in dispute was not an issue to be decided in the Eviction Suit concerned. On the aforesaid ground, the petition filed under Order I Rule 10 C.P.C. had been dismissed. I do not find any jurisdictional error in the impugned order dated 12.10.2006. As a result, this Civil Revision is dismissed. dk ( Dr. Ravi Ranjan, J. )