IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.103 of 2008 ---- Md. Saghiruddin son of Late Hafiz Dilawar Hussain, Resident of Mohalla Moghlakhar Por Nawada one of the Quarters of Town Nawada Ward No.9 Old 19 (New) Nawada Nagar Parishad Nawada, P.O. and P.S. Nawada, District- Nawada. -- Plaintiff- Petitioner. Versus 1. The State of Bihar through Collector Nawada. 2. Anchal Adhikari Anchal Nawada P.O. & P.S. and District- Nawada. 3. Commissioner through Chairman Nawada Nagar Parishad Nawada, District-Nawada. 4. Ainul Abdin son of Late Adul Husan. 5. Md. Naseemuddin son of Late Md. Idris. 6. Md. Muslim son of Late Md. Idris. 7. Mokhtar son of Late Abdul Ghani 8. Md. Salahuddin son of Late Md. Qamarh. All Opposite Party nos. 4 to 8 are resident of Mohalla- Moghlakhar Par Nawada, P.S. & P.O. Nawada, District- Nawada. -- Defendants- Opposite Parties. ---- For the petitioner : Mr. Gauri Shankar Prasad, Advocate. For the State-opposite party: Mr. Ajay Kumar Sharma, Assistant Counsel to Additional Advocate General-III ---- 03. 05.11.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the sole- plaintiff- petitioner challenging order dated 03.11.2007 by which the learned Munsif, Nawada allowed the intervention application of opposite parties no.4 to 8 and added them party-defendants to Title Suit No.25 of 2005. 3. The aforesaid suit was filed by the plaintiff-petitioner for declaration that the entry in the revisional survey proceeding with respect to the suit land as Anabad Bihar Sarkar was illegal and - 2 - wrong and the suit land belonged to the plaintiff. It transpires that the defendants appeared and the suit proceeded. Subsequently a Pleader Commissioner was appointed who after inspection submitted his report that the suit land is a Rasta and passage which is used by the people of the area for going into their houses. 4. Thereafter an application was filed on behalf of the intervenors for being added as defendants stating that they had no previous knowledge of the suit and only when the pleader commissioner was inspecting the place they learnt about the said fact and filed intervention application as the suit property belonged to the State of Bihar and the people of the area including the applicants were using it for their ingress and egress to their respective houses. Hence, they submitted that they are necessary parties to the suit. The said application has been allowed by the learned court below vide its order dated 03.11.2007 which is under challenge in the instant civil revision. 5. Learned counsel for the petitioner vehemently opposes the said order of the learned court below stating that the intervenors had no interest at all in the suit property which is only 2 ½ decimals and the dispute is between the State of Bihar and the plaintiff because it was recorded in the name of the State of Bihar in the revisional survey and there was no occasion for the learned court below to implead the intervenors as parties to the suit, especially when the Government and its authorities are contesting the suit and the amendment would amount to change the nature of the suit. - 3 - 6. It is quite apparent that the suit land has been recorded as Anabad Sarv Sadharan, i.e. it is used by the general people and there is no dispute about the applicants being general people of the area and hence they definitely had an interest in the litigation as if the State of Bihar and its authorities for any reason lose the suit the main affected persons would be the people of the area, namely the intervenors-defendants. Furthermore, since the intervenors are also claiming that the suit land belonged to the State of Bihar, i.e. Anabad Bihar Sarkar which is also claim of the intervenor -defendants, there is no question of any change in the nature of the suit. 7. In the aforesaid facts and circumstances, this court does not find any illegality in the impugned order of the learned court below, nor does it find any jurisdictional error therein. Accordingly, this civil revision is dismissed. Sunil (S. N. Hussain, J.)