BHIL NARANBAHI JITABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Civil Application is essentially filed under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (for short the "CPC") for being impleaded as respondents No. 2 to 14 in the main Civil Revision Application.

(2.) The background on which the present application is brought before the Court is that the applicants are the tenants of the property in question, and since decades are actually cultivating the land pursuant to they being declared as "lawful tenants" under the provisions of the Bombay Tenancy and Agricultural Land Act, 1948 (for short the "Act"), hence, are necessary and proper parties.

(3.) This application is stoutly contested by opponent No. 5 i.e. Fakir Mohamdkhanji Yawarkhanji Chauhan, whereas, the State authorities have chosen to offer no objection against applicants being impleaded as party to the proceedings. The authorities have, on the contrary, submitted before the Court that in view of the background of present facts, the applicants, who are vitally concerned and affected, ought have been joined in the proceedings and for this submission, a contention is raised that Order 1 Rule 10 of the CPC is sufficiently investing power and there is discretion in the Court to implead the party at any stage of the proceedings. A written submission on behalf of applicants was tendered and since there is a vehement objection raised by opponent No. 5, the Court was taken up to some of the decisions in this regard, and resultantly, with the aforesaid background, the present application is taken up for ultimate conclusion.