KAMLA BAJAJ Vs. RAKESH BANSIWAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by petitioner challenging order (undated), passed by Additional Senior Civil Judge, Delhi, vide which application of the petitioner under Order 1 Rule 8A & 10 of Code of Civil Procedure (for short as Code?), has been dismissed.

(2.) Brief facts are that Shop No.7, Indian Oil Bhawan, New Janpath Market, New Delhi was allotted to late Sh. Sohan Lal Bansiwal on licence basis in the year 1970. On 8.11.1982, Sohan Lal Bansiwal being the original allottee expired, leaving behind number of legal heirs including petitioner. Respondents No.1 to 3, filed a suit for possession, mesne profit, permanent and mandatory injunction in respect of that shop against Respondents No.4 to 10. During pendency of the suit, petitioner filed an application under Order 1 Rule 8A & 10 of the Code for impleading her as one of the defendants.

(3.) It is contended by learned counsel that petitioner is the married daughter of late Sh. Sohan Lal Bansiwal and she being class-I legal heir, has a equitable right in the suit property and is entitled to be impleaded as a party to the suit.