ROHTASH KUMAR Vs. RAM CHAITNYA

JUDGEMENT

(1.) Heard Mr. Narendra Bali, learned counsel for the petitioner.

(2.) In this writ petition, the petitioner has challenged the order passed by learned 1st Additional District Judge, Haridwar in Civil Revision No. 24 of 2020 as well as the order passed by learned Civil Judge (J.D.) in O.S. No. 144 of 2015 allowing an application of the opposite party to add as defendant to the suit. The said proposed defendant is claiming a right over the suit property by virtue of a Will.

(3.) Learned counsel for the petitioner submits that the Will does not relate to the suit property but that matter cannot be decided at the stage of deciding an application under Order 1 Rule 10 of the Civil Procedure Code, 1908. Once a party claims that he has interest over a property which is the subject matter of the suit, then he is a necessary party.