LAWS(ALL)-2021-4-28

UDAY BHAN TIWARI Vs. PASHUPATI COLONIZERS PRIVATE LIMITED

Decided On April 12, 2021
Uday Bhan Tiwari Appellant
V/S
Pashupati Colonizers Private Limited Respondents

JUDGEMENT

(1.) Heard learned counsel for the revision-applicant.

(2.) The present revision under Section 25 of Provincial Small Causes Courts Act is directed against the order dated 5.12.2020 passed by Additional District Judge/Special Judge (Prevention of Corruption Act), Court No. 5, Gorakhpur in S.C.C. Suit No. 9 of 2010 (Pashupati Colonizers Vs. Chandra Bhan Tripathi) whereby the court below has dismissed the application of the revision-applicant under Order 1 Rule 10 (2) of C.P.C. for impleading him as respondent in the S.C.C. Suit No. 9 of 2010.

(3.) A suit for eviction has been instituted by the respondent No. 1-Pashupati Colonizers Private Limited contending inter-alia that Chandra Bhan Tiwari (since deceased) was tenant of the premise No. C-123/89 Purdilpur, District Gorakhpur. The rent of the premise has not been paid since January 2006. After the death of Sri Chandra Bhan Tiwari, the respondent Nos. 2 and 3 have been substituted as his heirs.