IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.10937 of 2011 SARJU PRAJAPAT - Petitioner/s(s) Versus THE STATE OF BIHAR & ORS - Respondent/s(s) __________ 2. 12.07.2011 Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 11.2.2011 passed by sub Judge – III Gaya in Title Suit No. 71 of 2010/ 45 of 2010 as contained in Annexure 3 whereby the learned court below has allowed the application filed by the respondent Nos. 3 and 4 under Order 1 Rule 10 of the Code of Civil Procedure for being added as party defendant in the suit. The learned counsel for the petitioner submitted that the learned court below has wrongly allowed the application under Order 1 Rule 10 C.P.C. because the plaintiff is not claiming any relief against the said interveners defendants. The learned counsel further submitted that if they have got any title and interest in the suit property they may file separate suit for their declaration of title. From perusal of the impugned order it appears that the present suit was filed by the plaintiff petitioner for declaration of his title over the suit property recorded in the name of State of Bihar. The interveners respondent Nos. 3 and 4 filed the application alleging 2 that they have also got share in the suit property because they are the heirs of Hadu Kumhar and there had been no partition between two brothers i.e. Fagu Kumhar and Hadu Kumhar. It further appears that the learned court below allowed the application on the ground that in the interest of justice the interveners are required to be added as party defendant. Since the claim of the interveners respondent Nos. 3 and 4 is that they have also interest in the suit property, in my opinion, their presence is necessary in the present suit and, therefore, the learned court below has rightly allowed the application. In view of the above facts and circumstances, I find no merit in this writ application. Accordingly, it is dismissed. S.S. (Mungeshwar Sahoo,J.)