SHRI MURARI LAL Vs. SUMAN LATA & ORS

JUDGEMENT

(1.) The petitioner is the plaintiff of the civil suit (CS No.58832/16) instituted by him on 17.08.2016, seeking decree of possession, damages and permanent injunction in respect of subject property described as Flat No.211, first floor, DDA Flats (SFS), Category-II, Munirka Vihar, New JNU, New Delhi, he having impleaded the first to fourth respondents as the defendants.

(2.) The petitioner (the plaintiff) states that the defendants are the legal heirs of Makhan Lal, who was his real brother, they being in unauthorized possession of the subject property. The fifth respondent had moved an application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (CPC) seeking impleadment as a party on the ground that he also has an interest in the subject property since he is the son of Vijay Prakash, another brother of the plaintiff (and also of Makhan Lal), he (Vijay Prakash) having died on 206.198

(3.) The learned trial Judge by impugned order dated 04.12.2017 allowed the prayer for impleadment adding the fifth respondent as a defendant to the suit. The petitioner as plaintiff of the case takes exception on the ground that a party he did not chose to litigate with has been imposed on him.