RAJBALA GHILORIA Vs. ASHOK KUMAR SETHI

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present petition has been filed challenging the impugned order dtd. 24/2/2021, passed by the ld. ADJ-03, Central District, Tis Hazari Courts, Delhi, by which the application filed by the Petitioner herein, under Order I Rule10 CPC has been rejected by the Trial Court.

(3.) The brief background of the matter is that a suit for partition was filed in respect of the property bearing no. C-2/21, Malka Ganj, Delhi 17 (hereinafter, "suit property") by the Plaintiff in the suit/ Respondent No. 1 herein. Respondent No. 2 herein is the Defendant in the suit. It is the admitted position between the Plaintiff and the Defendant that the Plaintiff owns 1/3rd share of the suit property and the Defendant owns 2/3rd share in the same. However, the case of the Applicant/Petitioner herein is that the Defendant in the suit has sold his share of the property to the Petitioner. Accordingly, in view of the fact that the interest of the Petitioner could be affected in the said suit proceedings, the Petitioner filed an application under Order I Rule 10 CPC, for impleadment as a necessary party, which has been rejected by the Trial Court. Hence this present revision petition has been filed under Sec. 115 of the CPC.