MADHO PRASAD Vs. RAM KISHAN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India(hereinafter referred to as the `Article 227') challenges the Order dated 4th May, 2004 passed by the Additional District Judge, Delhi(hereinafter referred to as the `ADJ') in Suit No.211/03 titled Madho Prasad Vs Ram Kishan declining the petitioner/plaintiff's prayer under Order I Rule 10 CPC for addition and deletion of the parties.

(2.) The petitioner claims to be the owner of the property admeasuring 2866.06 sq. yds. forming part of Khasra No.52 situated in village Masoodabad, Najafgarh, Delhi. On 14th June, 1998, the respondents along with their associates are said to have visited the above said property with an object to encroach, trespass and take forcible possession of the same. The petitioner could only identify the respondent Nos.1,3,5 and 6 and certain other persons, namely respondents 2 & 4 who accompanied them were impleaded as defendant Nos.2 & 4 in the suit No.211/03 filed by the petitioner. The petitioner on becoming aware of the true identity of the respondent No. 2 and 4, filed an application under Order I Rule 10 read with Section 151 CPC, on 19th March, 2004 for deletion of respondent/defendant Nos.2 & 4 from the array of the parties, as they had died even prior to the filing of the suit and for impleadment of unknown defendant Nos.2 and 4 on 14th June, 1998. It was also prayed that respondent/defendant furnish particulars of the said unknown persons. Addition to Rajinder Prakash, Govind Ram and Jai Prakash as parties was also sought by this application leading to the impugned order.

(3.) The Trial Court declined to interfere by its impugned order dated 4th May, 2004 inter alia on the following grounds:-