IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.238 of 2006 NIRANJAN KUMAR PODDAR Versus BRAJESH KUMAR YADAV@ BRAJESH KUMAR ----------- 10 30.09.2008 Heard counsel for the petitioner and counsel for the opposite party Nos. 24 to 31. The remaining opposite parties despite service of notice have not chosen to appear and/or represents through their lawyer. In the opinion of this Court, when the Court below by the impugned order had allowed impleadment of the petitioner as a party in Title Suit No. 317 of 1985, it ought to have also allowed such prayer of the petitioner of impleadment in Title Suit No. 122 of 1982. It has to be taken into account that both the suits are being heard analogous and the issue of involvement of the petitioner by virtue of sale deed dated 23.7.2004 would make his presence necessary in both the parties. It is very difficult to say that at this stage whether his suit property will be covered by the Title Suit No. 122 of 1982 or by Title Suit No. 317 of 1985. That apart, this Court would find that another Civil Revision application assailing the same order as with regard to impleadment of petitioner as a party defendant in Title Suit No. 317 of 1985 having been assailed by Maya Rani Ghosh in Civil Revision No. 452 of - 2 - 2006 has already been dismissed by order dated 9.10.2007. That being so, this Court would find it necessary for the petitioner to be impleaded as a defendant also in Title Suit No. 122 of 1982. Accordingly, the impugned order with the aforementioned extent whereby and whereunder the prayer of the petitioner for his being impleaded in Title Suit No. 122 of 1982 had been rejected, is set aside and the petitioner is directed to be impleaded as a party in the aforementioned suit. It is however, made clear that the petitioner will not be allowed to delay the further proceedings of either of the suit on the ground that he has been now added as a party and therefore, whenever steps has to be taken by the petitioner in capacity of defendant must be completed within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observations and directions this Civil Revision application is allowed. Bibhash (Mihir Kumar Jha, J.)