BIDESHI Vs. JHARIHAG & ORS.

JUDGEMENT

(1.) THIS is a reference datec1 30-4-92 made by Addi­tional Commissioner, Varanasi Division, Varanasi arising out of an order dated 30-7-91 passed by trail Court in suit No. 157/1989 under Section. 123 ZA and LR Act with the recommendation that the revision be allowed and order of the trial Court be quashed and the file be re r t. to the trial Court for decision afresh on merits after affording the reasonable op­portunity of adducting oral and documen­tary evidence in support of their claims.

(2.) THE brief and relevant facts of the case arc that in the above mentioned suit Ram Lakhan and others filed an applica­tion for their impleadment on the basis of their claim of abadi on the disputed land No. 2330 in the trial Court.The trail Court allowed the aforesaid application. Aggrieved by this order a revision was preferred by Bideshi and other in which the Addl. Commissioner has recommended as above in the reference.

(3.) HAVING carefully considered it, respective submission of the learned Counsel for the parties and having gone through the records on file, I find that the impugned order dated 30-7-91 passed by the trial Court is well founded. Ram Lak­han and other's impleadment application is based on their claim of abadi on the disputed plot as such they have a right to be heard, being the interested party. In RD 1992 page 408, it has been held that the only reason which makes it necessary to make a person a party to an action is so that he should be bound by the result of the action and this question to be settled, therefore, must be a question in the action which cannot be effectually and completely settled unless he is a party. Ram Lakhan and others have cause of action against the revisionist relating to the subject-matter of existing action, the trial Court has power to join them so as to give effect to primary object of the order which is to avoid multiplicity of the action. The impleadment application cannot be rejected merely on the ground that no documentary evidence has been filed in support of the claim.