PREM KUMARI SHARMA Vs. RAJ MANI DUBEY

JUDGEMENT

(1.) This revision under S. 25 Provincial Small Causes Court Act have been preferred against the order, dated 6-8-2001 passed by the XVIII Additional District Judge/Small Causes Court, Allahabad in Suit No.2/2001, by which he rejected the application of the revisionist 15-C under Order 1, Rule 10 C.P.C. for impleading her as party. The facts of the case are as follows:

(2.) The opposite parties Nos. 1 and 2 filed the above Suit No.2/2001 against the opposite parties Nos. 3 and 4 for eviction from the disputed building and for recovery of arrears of rent. The Suit is pending in the Court of the Additional District Judge, who is exercising the powers of the Judge, Small Causes Court for this suit. The revisionist moved an application 15-C under Order 1, Rule X C.P.C. for her impleadment. It is alleged that she is daughter of Dr. Ishwari prasad who was the owner and landlord of the property in dispute. He in his life-time on 29-10-1984 executed a registered Will of the property in favour of the applicant, his only daughter; that it was the last Will of Dr. Ishwari Prasad and, therefore, after his death she has become the owner and the landlady of the premises in dispute; that opposite parties Nos. 1 and 2 claim the property on the basis of the unregistered Will, dated 22-7-1983, which is a forged Will and they are neither the landlords nor the owners of the property in dispute. The learned trial Court recorded the finding that the question whether the plaintiffs are the landlords of the building in dispute of defendants is only involved in this case. Therefore, the applicant is neither necessary nor proparty to the suit for complete and effective adjudication of the suit. He accordingly, rejected the application. Aggrieved by it, the present revision has been preferred.

(3.) I have heard Sri Ravi Kiran jain, learned Senior Advocate for the revisionist and Sri Rajesh Tandon, learned Senior Advocate for the opposite parties Nos. 1 and 2, the plaintiffs in the Suit and have perused the record.