IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14722 of 2011 Acharya Mahanth Guru Prasad Goswami @ Guru Prasad Goswami @ Versus Acharya Mahanth Shio Kumar Gos ---------------------------------- 02. 08.09.2011. Heard the learned counsel, Mr. Satyendra Rai on behalf of the petitioner and the learned counsel, Mr. Ganpati Trivedi on behalf of the respondent nos.5 and 6 and Mr. Manoj Kumar Sinha, A.C. to G.A.10 on behalf of the respondent no.4. This application under Article 227 of the Constitution of India has been filed by the defendant- petitioner against the order dated 27.06.2011 passed by Sub Judge IV, Siwan in title suit no.72 of 1998 whereby the application filed by the respondent no.7 under Order 22 Rule 3 of the C.P.C. has been allowed and respondent no.7 has been substituted in place of original plaintiff no.1. The only point raised by the petitioner is that the Mahanthship is the only question to be decided in the suit. The respondent no.7 has earlier filed one title suit no.407 of 1998 wherein he has admitted that the present petitioner is the Mahanth and, therefore, the learned Court below should not have allowed the application under Order 22 Rule 3 of the C.P.C. On the other hand, the learned counsel for the respondent objected the prayer of the petitioner. Admittedly, the substitution of respondent no.7 2 has been allowed in place of the original plaintiff no.1. It is also admitted that the order passed under Order 22 with respect to the substitution is purely an interlocutory matter. The point raised by the petitioner regarding Mahanthship is concerned, it is the main issue which is involved in the suit and is to be decided on the basis of materials that may be brought by the parties and, therefore, any observation if made in this writ application with regard to Mahanthship will prejudice either of the parties. In view of the above facts and circumstances of the case, I find no reason to interfere with the impugned order. Therefore, this writ application is dismissed. Saurabh (Mungeshwar Sahoo, J.)