Ram Lochan Sharan vs Sri Balmukund Yadav and Others

Navaniti Prasad Singh, J

This is an application against an order by which the petitioner''s application to intervene and be added as a party to the suit has been rejected by the trial Court.

The plaintiffs had filed the suit for correction of revisional survey entry and consequently for declaration of their right, title and interest and possession in the property in question. The defendants were the State of Bihar and the Anchal Adhikari as well as the Gram Panchayat concerned. The intervener wants to intervene in the said suit on the grosdund that the land in question is a public pathway and he has a right to use the said land and he had been using that land since long. He had moved the State for removal of encroachment made by the plaintiffs. A proceeding for encroachment had been initiated and, accordingly, he was a necessary party in the suit. The plaintiffs have appeared before this Court. Heard the parties.

Having considered the rival submissions, it is apparent that the intervener-petitioner wants to assert his independent right of usage of the land aforesaid. Plaintiffs have no dispute with the intervener. It is well settled that the plaintiff is master of his own litigation. It is equally well settled that if any person wants to assert and establish his right, he is at a liberty to file an appropriate suit in this regard. In view of the aforesaid, I hold that the intervener is not a necessary party. If at all he is interested in asserting and establishing his right, it is for him to file an independent suit but he certainly cannot intervene in the present suit because the plaintiffs seek no relief as against him. The plaintiffs have raised a dispute only as against the State of Bihar. The intervener cannot dictate or lay down the terms of litigation.

I, accordingly, find ho merit in this application and the same is dismissed with a cost of Rs 500/-.