HASEEBA KHATOON Vs. RAFIQ

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India challenges the Order dated 24th December, 2002(Annexure P-15) passed in RCA.No.13/2001 by the Additional District Judge, Delhi(hereinafter referred to as the `Article 227') dismissing the petitioner's application under Order XL Rule 4 Code of Civil Procedure(hereinafter referred to as the `CPC') for staying the dispossession of the petitioner from the suit premises in execution case No.42/1995 (M-17/2002) titled Mohd. Rafiq Vs Rustam Khan pending in the Court of Civil Judge, Delhi.

(2.) The facts of the case as stated in brief are :-

(3.) This petition under Article 227 is directed against the Order dated 24th December, 2002 dismissing the respondent No.2's application under Order XLI Rule 4 for dismissal of the appeal and under Section 151 CPC for deleting the names of Rustam Khan and Saurab Khan from the array of the respondents as shown in the amended memo of parties filed on 6th May, 2002. Order XLI Rule 4 reads as follows:- 4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all. - Where there are more plaintiffs or more defendants than one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case may be.