MOHAN Vs. GAVISIDDAPPA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 17/7/2021 passed on I.A.No.12 in O.S.No.297/2013 on the file of Addl.Senior Civil Judge and C.J.M., Dharwad whereby the aforesaid application filed by the petitioner-plaintiff under Order I Rule 10(2) C.P.C. was rejected by the trial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for respondents and perused the material on record.

(3.) The material on record discloses that the petitioner is the plaintiff in the aforesaid suit for declaration, injunction and other reliefs in relation to the suit schedule property filed against respondents No.1 and 2/defendants. The matter having been posted on 18/11/2020 before the trial Court, the same was adjourned to 21/11/2020 for further arguments. On 21/11/2020, the petitioner/plaintiff filed the instant application- I.A.No.12 seeking impleadment of respondent No.3 as proposed additional defendant No.3 by invoking Order I Rule 10(2) C.P.C. The said application was opposed by the proposed respondent No.3 by filing his objections pursuant to which the trial Court proceeded to pass impugned order rejecting I.A.No.12, aggrieved by which the petitioner-plaintiff is before this Court by way of present petition.