MOHD SALIM Vs. AYASHA BEE

JUDGEMENT

(1.) BY this petition, the petitioners impugn the legality and validity of the order dated 25-4-2005 (Annexure-P/4) passed by the 7th Civil Judge, Class-II, Durg, in an application filed under Order I Rule 3 & 10 of the Code of Civil Procedure, 1908 (for short "the CPC") in pending civil suit No.81 -A/2002 (Smt. Ayasha Bee & Another Vs. Dau-Bahadur Singh Gupta & Another), whereby the learned Civil Judge after holding that the petitioners are proper parties declined to array them as defendants.

(2.) THE indisputable facts, in nutshell, for adjudication of the case are that the petitioners are the legal heirs of Abdul Salam, they were defendants in the civil suit No.58-A/1976 (Dau Bahadur Singh Gupta Vs. Mohd. Abbas & Others) with regard to the same property i.e. the plaint schedule land in civil suit No.81 -A/ 2002 also. Abdul Salam, predecessor of the petitioners herein, was the defendant No.2. After the death of Abdul Salam, the present petitioners were impleaded as the defendants. The civil suit No.58-A/1976 was decreed on 25-3-1980 (Annexure-P/5). The petitioners continued to be in possession of the plaint schedule land.

(3.) LEARNED Civil Judge after considering the objections raised by the plaintiff and the defendants held that though the petitioners were proper parties, but not necessary parties to the civil suit No. 81 -A/2002 and the suit can be disposed of without impleading the petitioners as parties to the suit. Accordingly, by order dated 25-4-2005 (Annexure-P/4) rejected the application of the petitioners.