IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1726 of 2008 KAPILDEO AHIR & ORS Versus MOSTT.SURBIYA DEVI & ORS ----------- 2 24.10.2008 Heard Counsel for the petitioners. In the opinion of this Court, the impugned order refusing the prayer of the petitioners to implead them as parties to the present suit does not suffer from any jurisdictional error inasmuch it is the case of the petitioners that they had already filed their own independent suit in respect of the property which on being dismissed by the Trial Court was the subject matter of a pending appeal. It thus, appears that the petitioners have already taken steps for protection of their rights. In that view of the matter, this Court for the reasons recorded in the impugned order must hold that the petitioners were not necessary party in the suit. The apprehension of the petitioners that any judgment/decree that may be passed in the suit in hand may prejudice them is absolutely without substance as it is well settled that a decree would bind only such persons who are party to the suit. Accordingly, this civil revision application, being wholly misconceived, is hereby dismissed. Rsh (Mihir Kumar Jha, J.)