MANGHAN DAS HABLANI Vs. SURESH KUMAR MEGHANI

JUDGEMENT

(1.) THE instant petition is directed against the orders dated 14.11.2008 and 10.12.2008 passed by IX-th Additional District Judge (FTC), Raipur, in Civil Suit No. 2-A/2007.

(2.) FACTS in nutshell are that: the respondent No. 1 to 9/plaintiffs filed a civil suit for declaration and permanent injunction against the petitioners and respondent No. 10 & 11. On 08.08.08, the plaintiffs moved an application under Order 1 Rule 10 (2) read with Section 151 of CPC for impleading some persons as defendants to whom it is stated that the petitioners have sold the suit land. Vide order dated 31.10.2008, the trial court directed for issuance of notice on the above application to proposed defendants. The trial court further passed preemptory order directing the plaintiffs to furnish correct description of such proposed defendants within a period of 15 days failing which their application will be deemed to be dismissed, and fixed the case on 14.11.08 for furnishing such particulars of the defendants.

(3.) IT appears that the orders are pure procedural in nature. The application is yet to be decided by the trial court. The direction to furnish complete description of proposed defendants so that summons may be served upon them in time was with a view to avoid undue delay in the progress of the suit. On the next day i.e. on 14.11.08 time was extended and thus, the said application filed by the plaintiffs under Order 1 Rule 10 (2) of CPC was not finally dismissed by the trial court.