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Judgment
Mridula Mishra, J.—Heard the counsel for the petitioner and the counsel appearing for opposite party No. 4. Opposite party No. 4 is the plaintiff in Title Suit No. 30 of 2005/03 of 2005 which is pending in the Court of Additional Munsif, III, Siwan. Petitioner is not party in the Title Suit. However, he had filed an intervention petition for being impleaded as defendant in the suit. That intervention petition has been dismissed as submitted by the counsel for the petitioner. Against the order rejecting his intervention application, Civil Revision No. 107 of 2006 has been filed which is pending for disposal.
In the given circumstance, till the date petitioner''s intervention application is allowed and he is impleaded as defendant, an application, at his instance, for transfer of Title Suit from one Court to another or from one Judgeship to another is not maintainable.
However, it has been informed by the counsel appearing for opposite No. 4, plaintiff, that though petitioner has no locus to maintain any transfer petition, at his instance already Title Suit was transferred from the Court of Munsif, II, Siwan, to the Court of Additional Munsif, VII, Siwan. In that view also I do not find that there is any merit in the petition. In the given circumstance, this application is dismissed as not maintainable. However, if the petitioner''s intervention application is allowed and he is impleaded as defendant in the Title Suit, he can maintain such application at his instance.