SUDARSHAN KUMAR JAIN Vs. MUKTA JAIN

JUDGEMENT

(1.) These petitions under Article 227 of the Constitution of India are filed by the applicants under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC) impugning the order of the trial court dated 7.1.2013 by which the trial court has dismissed the applications under Order I Rule 10 CPC.

(2.) The applications under Order I Rule 10 CPC were filed in a suit for possession, recovery of rent etc against a tenant with respect to the property bearing no.G-8, Ground Floor, Vishal Bhawan, 95, Nehru Place, New Delhi-110019. By the impugned order the petitioner in CM(M) No.208/2013 has been added only as a proforma defendant. By the selfsame impugned order the application of the petitioners in CM(M) No.211/2013 for impleadment has been dismissed.

(3.) The subject suit is filed by the respondent no.1 herein against the tenant who is the respondent no.2 herein. As per the suit plaint, the suit property was let out to the tenant by the deceased husband of the plaintiff namely Sh. Anil Jain on 11.5.2007 in terms of a duly executed and registered lease deed. Respondent no.1/plaintiff/Smt. Mukta Jain is the second wife of Sh. Anil Jain and who claims ownership rights in the suit property by virtue of the Will executed in her favour by her husband Sh. Anil Jain on 6.12.2007.