IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1112 of 2011 DAROGA PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2. 05.05.2011 Heard learned counsel for the petitioner and perused order impugned. The petitioner has filed the suit for declaration of title and possession as the State of Bihar issued a notice to the petitioner to vacate the land in question. Primarily the litigation is between the plaintiff and the State of Bihar. The newly added respondents in the said suit had set up a case of their title by filing a counter claim. While allowing the application of the newly added defendant by the impugned order, the trial court fell into an error in not considering that no notice was given to the respondents newly added defendant by the State of Bihar for their vacation. Therefore, the order impugned dated 20.08.2010 passed by learned Additional Munsif-II, Siwan, in Title Suit No. 42 of 1982 is set aside. The matter is remanded to the trial court to decide the application afresh after giving full opportunity to all the parties. With the aforesaid observation, the application is disposed of. Ravi/- ( Prakash Chandra Verma, j.)