- (1.) HEARD counsel for the parties.
(2.) CHALLENGE in this writ application is to the order dated 22.03.2007 (Annexure -6) passed by the Subordinate Judge -5th, Deoghar in Title Suit No. 174 of 2003 whereby the petition filed by the petitioner under Order -I, Rule 10 C.P.C. Praying for impleading him as a party in the suit, was rejected. For better appreciation of the issues raised in this writ application, a brief note of the background history of this case needs to be mentioned : Prior to the Title Suit under reference in this case, a Title Suit vide Title Suit No. 83 of 94/49 of 94 was filed by the Santhal Pahariya Seva Mandal through its General Secretary, Govind Prasad Dalmia against one Krishna Nand Jha and others, in the court of the Subordinate Judge, Deoghar. During the pendency of the suit, by an interim order dated 13.03.1997, the Deputy Commissioner, Deoghar was appointed as receiver. The suit had however ended in compromise and was decreed in terms of the compromise decree dated 10.05.2001. Thereafter, a committee comprising of five members was constituted by election, as the Managing Committee of the Santhal Pahariya Seva Mandal.
(3.) DURING the pendency of the suit, the Deputy Commissioner, Deoghar being the appointed receiver, had proceeded to conduct auction bid of nine shops belonging to the Santhal Pahariya Seva Mandal. The action of the Deputy Commissioner was challenged on behalf of the Santhal Pahariya Seva Mandal and by order dated 10.05.2001 the learned Sub - Judge had clarified that the Deputy Commissioner, Deoghar was authorized only for conducting the bid and will not make any final settlement.;