H K RAJANNA Vs. H B CHIKKABORAIAH

JUDGEMENT

(1.) THIS matter coming on for admission this day, the same is taken up for final disposal with the consent of both parties, heard and disposed of by this order.

(2.) THE delay of 70 days in filing this Revision Petition is condoned.

(3.) IN a suit for recovery of money, the Trial Court has allowed the application filed under Order 1 Rule 10 of CPC, by the 3rd party who made certain allegations that the parties to the suit in collusion are attempting to get adecree to defeat the claim of the impleading applicant. It is submitted before this Court that the impleading applicant has also filed a suit for recovery of certain amount from the defendants. Firstly, it is admitted that the Court below was not in a position to grant him any relief in the said suit and, therefore, the Trial Court could not have allowed the application to implead him as a necessary party.