(1.) HEARD the learned Counsel for the parties.
(2.) THE petition coming on for preliminary hearing is considered for final disposal having regard to the facts and circumstances.
(3.) IT is contended that the relief of injunction, if granted, would confer a right in personam, to enforce the same against the defendants. Such a right is not one which runs with the land in order that the impleading applicant could claim a vested right in seeking to continue the suit as a co-plaintiff on the basis of the gift deed that is said to have been executed in her favour during the pendency of the suit, without even the Court being taken into confidence in respect of the same. The cause of action is alien to the impleading applicant and therefore, the suit was rendered infructuous, if the plaintiff was no longer the owner of the property. The impleading applicant seeking to step into the shoes of the plaintiff as plaintiff No. 2 is hence not permissible.