KANWAR SINGH SAINI Vs. YUSUF AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 07.11.2014 delivered by a learned Single Judge of this Court in IA 10071/2013 in CS(OS) 3102/2012, which was filed by the appellant/ plaintiff under Order 1 Rule 10 CPC read with Section 151 CPC for impleadment of two persons - Mr. Ved Prakash Saini and Mr. Mohar Pal Singh - as defendant Nos. 3 and 4.

(2.) WE are not going into the reasons as to why the impleadment was sought. The learned counsel for the appellant has pointed out that the necessary parameters for considering an application under Order 1 Rule 10 CPC have not at all been considered by the learned Single Judge while rejecting the said application. According to the learned counsel, the two necessary points which need to be considered before a person can be impleaded in or deleted from the array of parties, is whether the person is a necessary or proper party. Admittedly, the learned counsel for the appellant states that the proposed defendant Nos. 3 and 4 are not necessary parties. However, he submits that they are proper parties. This aspect of the matter, as to whether the proposed defendant Nos. 3 and 4 are proper parties or not, has not at all been considered by the learned Single Judge, who has rejected the application merely on the ground of delay. The learned counsel for the appellant has drawn our attention to the decision of a Division Bench of this Court in Charanjeet Singh Rekhi v. Harish Ahuja and Others: FAO(OS) 202/2013 and other connected matters delivered on 07.07.2014. The relevant extracts of the said decision are as under: -