IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8739 of 2010 1. KARAMCHAND MANDAL S/O LATE RADHESHYAM MANDAL R/O VILL &P.O.TIKAPATTI, P.S.TIKAPATTI, DISTT-PURNEA 2. CHANDRABHUSHAN MANDAL S/O LATE RADHESHYAM MANDAL R/O VILL &P.O.TIKAPATTI, P.S.TIKAPATTI, DISTT-PURNEA 3. VEDANAND MANDAL S/O RAGHUNATH MANDAL R/O VILL &P.O.TIKAPATTI, P.S.TIKAPATTI, DISTT-PURNEA Versus 1. PARMANAND MANDAL S/O CHUNNI MANDAL R/O VILL &P.O.TIKAPATTI, P.S.TIKAPATTI, DISTT-PURNEA 2. MADAN KR. MANDAL S/O CHUNNI MANDAL R/O VILL & P.O.TIKAPATTI, P.S.TIKAPATTI, DISTT-PURNEA 3. KALAWATI DEVI W/O LAKSHMI MANDAL R/O VILL MOTICHAK, P.O.SHRIPUR, P.S.BHAWANIPUR, DISTT-PURNEA 4. THE STATE OF BIHAR THROUGH COLLECTOR OF DISTRICT PURNEA ----------- 03. 09.12.2010 Heard learned counsel for the petitioners and learned counsel for the respondent no.3. Title Suit No. 62 of 2001 is stated to have been filed by the respondent nos. 1 and 2. Respondent no.3 is a party defendant therein. The petitioners desires to be add as a party to the suit under Order 1 Rule 10 C.P.C. contending that all the parties are descendants of a common ancestor. It has been rejected by the impugned order dated 5.4.2010. The Court on the submission of the petitioners and respondent no.3, is satisfied that the occasion to decide the correctness or otherwise of the impugned order dated 5.4.2010 does not arise as matters appears to be pre-mature from the discussion contained in the concluding part of the order. It is apparent that the trial arrived at the conclusion that 2 there were certain other disputed properties contained in the suit in respect of which the petitioners had not brought evidence on record of their interest. It was therefore not possible for the Trial Court to arrive at a positive determination of the issue. If that be correct, the impugned order is clearly inconclusive in nature. Therefore without interfering with the impugned order dated 5.4.2010, this application is disposed with the observation that, if the lacunae noticed in the order is supplied by the petitioners and they file any fresh application, let the same be considered afresh in accordance with law after hearing all the parties to the suit. The application stands disposed. P.K. ( Navin Sinha, J.)