CHANDA DEVI Vs. SANTOSH KUMAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 8.11.2010 passed by the Additional District judge, Court No. 8, Kanpur Nagar upholding the order dated 23.5.2008 passed by the Judge, Small Causes Court, Kanpur Nagar in Suit No. 158 of 2002 whereby the impleadment application of the petitioner filed under Order 1 Rule 10 CPC was rejected.

(2.) The brief facts of the case are as fellow;

(3.) A suit for arrears of rent and ejectment was filed by the respondents No. 1 to 4 against the Respondent No. 5. During the pendency of said suit, an impleadment application was filed by the petitioner alleging that her husband Prayag Narayan, in fact, was the owner of the suit premises and he never sold any part of the property vide sale deed dated 18.1.1972 in favour of Bhagwati Prasad. A suit for cancellation of the sale deed with respect to the disputed premises is already pending before the court below wherein an application for impleading the respondents No. 1 to 4 as defendant is pending.? An impleadment application was filed by the petitioner for impleading him in SCC Suit No. 158 of 2010. The said impleadment application was rejected by the Judge Small Cause Court, Kanpur Nagar by order dated 23.5.2008. Aggrieved and dissatisfied with the order dated 23.5.2008, a revision was filed by the petitioner and the said revision was also dismissed by the Additional District Judge, Court No. 8, Kanpur Nagar by order dated 8.11.2010. Hence the present writ petition.