M. A. WASIM Vs. M. A. FAHIM

JUDGEMENT

(1.) By way of this petition, the petitioner seeks to challenge the order impugned dated 13.10. 2015 passed by Civil Judge, Class-II in Civil Suit No.169-A/2013 by which his application under Order 1 Rule 10 CPC has been rejected.

(2.) Respondent No.1/plaintiff- M.A. Fahim instituted a suit for declaration of his title and permanent injunction on 7/10/2005 stating inter alia that he is entitled for declaration of title and permanent injunction restraining the respondents from interfering with his peaceful possession. In the said civil suit, on 1/9/2015, petitioner has filed application under Order 1 Rule 10 of the CPC read with Sec. 151 of the CPC stating inter alia that proposed plaintiff/petitioner and respondent No.1/plaintiff are real brothers and the suit property was purchased by their father Shri M.A. Alim and therefore, petitioner/proposed plaintiff and respondent No.1/plaintiff have equal share in the suit property. He further stated in his application that he was not aware of the pendency of the suit and when he came to know about the pendency of the suit i.e. on 1/8/2015, immediately thereafter on 1/9/2015 he moved an application under Order 1 Rule 10 CPC along with affidavit for impleading him as party as party-plaintiff, which was opposed by respondent No.1 by filing his reply.

(3.) The trial Court, by its impugned order dtd. 13/10/2015 rejected the above application holding that such application has been moved belatedly and the proposed plaintiff is at liberty to file separate suit and he cannot be impleaded as a plaintiff in the suit filed by the respondent No. 1/plaintiff.