REWA PANDE Vs. RAMESH

JUDGEMENT

(1.) Instant civil revision, preferred under Section 115 of CPC, is directed against the order dated 06.02.2019 passed by Civil Judge (Senior Division), Almora in O.S. No.4 of 2015 Mrs. Rewa Pande vs. Ramesh, whereby the application moved by the revisionist/plaintiff under Order I Rule 10 read with Section 151 of CPC for impleading Himadri Pande, has been dismissed.

(2.) Factual matrix of the case is that the revisionist/plaintiff being the co-owner of the suit property situated at Mohalla Malla Kasoon, Almora, filed the suit being O.S. No.4 of 2015 against the respondent/defendant in the court of Civil Judge (S.D.) Almora for a decree of mandatory and permanent injunction as well as mesne profit stating therein that the suit property was given to the defendant on license with the condition that whenever required the license will be terminated orally by plaintiff's husband. On 05.01.2014, the license was orally revoked but despite that the defendant has not vacated the licensed portion of the suit property. Respondent/defendant contested the suit and filed his written statement. On the basis of pleadings of parties, trial court framed necessary issues in the suit. Meanwhile, the revisionist/plaintiff filed an application under Order 1 Rule 10 read with Section 151 CPC for impleading Mr. Himadri Pande. Respondent/defendant filed his reply and objections to the application. After hearing the learned counsel for the parties, the trial court, vide order dated 06.02.2019, dismissed the impleadment application. The revisionist/plaintiff preferred a review application against the impugned order dated 06.02.2019, which also got dismissed vide order dated 26.02.2019.

(3.) I have heard learned counsel for the parties and perused the material available on file.