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Patna High Court CWJC No.7471 of 2011 dt.20-03-2018

6. On perusal of record I find that the respondents had already appeared in this case and the order converting Civil Revision No.1102/2009 into writ was passed in his presence on 15.07.2010 and so fresh notice was not required to be issued against the respondents.

7. So far merit of the case is concerned, I find that the petitioners claim suit property on the basis of Basgit Parcha. The petitioners had submitted an application before the Circle Officer, Bakhari on the basis of which Basgit Parcha Case No.66/1988-89 was registered. On the application of petitioners, Revenue authorities submitted report in the said proceeding. The Circle Officer considering the possession of petitioners over the disputed land and also the recommendation of Revenue Officer/Karmchari ordered to issue Basgit Parcha in favour of the petitioners. The respondents filed Title Suit No. 119 of 1991 against the State of Bihar and others without impleading these petitioners. These petitioners claim right and interest over the suit land on the basis of Basgit Parcha, since before the filing of suit. They filed a petition under Order 1 Rule 10 of Civil Procedure Code which was rejected by the court below. The petitioners filed Civil Revision No. 1818 of 1998 before this Court which was disposed of with some observation. Thereafter the petitioners filed petition before court below along with a petition under section 5 of Limitation Act for condoning the delay in filing the Patna High Court CWJC No.7471 of 2011 dt.20-03-2018 review application. The court below rejected the said petition without considering the grounds taken in the limitation petition. This Court has remitted the matter to the court below as per order dated 09.02.2018 for passing fresh order after considering the grounds taken in the limitation petition.