LAILIYA KUMARI Vs. SAWAI BHAWANI SINGH

JUDGEMENT

(1.) This is an application filed under Order 1 Rule 10 CPC by M/s Ashapura Vikas Samiti. Arguments on this application were heard for about an hour, since almost all the counsel representing the various parties, wanted to be heard in opposition to the plea of the impleadment of the applicant.

(2.) The pleas in opposition ranged from the argument that the present case being a suit for partition therefore third party should not be permitted to ventilate their causes of action/grievances before this Court in the present proceedings, to the vehement contention that the documents under which the applicant claims its status for seeking impleadment, are themselves manipulated/ante-dated documents, and this is a device by applicant to get over its legal hurdles.

(3.) I do not propose to deal with this matter in great detail since what is under consideration is an application for impleadment, and this Court ought not to pronounce upon or make any observation upon any aspect except what is strictly required for holding the applicant to be or not to be categorised as either a necessary or a proper party.