NAGARATHNA MURTHY Vs. RAMAKRISHNAPPA

JUDGEMENT

(1.) Petitioner being the intending party to suit for declaration & cancellation of certain documents in O.S.No.13/2010 is invoking the writ jurisdiction of this Court for assailing the order dated 24.11.2018, a copy whereof is at Annexure-J whereby his impleading application has been rejected by the learned Senior Civil Judge, Devanahalli. Respondent no.6 having entered caveat through his counsel, resists the writ petition.

(2.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is of a considered opinion that reasoning of the learned Trial Judge at paragragph 10 of the impugned order is assailable qua a person who wants to oppose the suit, although such a reasoning may not be invokable qua the plaintiff.

(3.) The writ petition broadly fits into the ratio laid down by the Apex Court in RAZIA BEGUM VS. SAHEBADI ANWAR BEGUM AND OTHERS AIR 1958 SC 886, and therefore petitioner being a proper party to the adjudication of the suit needs to be permitted to be impleaded as a defendant.