KRISHNA Vs. RAM KUMAR

JUDGEMENT

(1.) This petition seeks the quashing of the order dated 2nd December, 2010 passed by the Court of Small Causes by which the application filed by the petitioner under Order I, Rule 10(2) of the Code of Civil Procedure (hereinafter referred to as the 'C.P.C.') for impleadment as a defendant in SCC Suit No. 5 of 2005, was rejected. The petitioner has also sought the quashing of the judgment and order dated 8th December, 2011 by which the Revision filed by the petitioner for setting aside the aforesaid order was dismissed. It transpires that SCC Suit No. 5 of 2005 was instituted by the plaintiffs Ram Kumar, Naresh and Bela Devi against Dr. Rajendra Kumar Sharma for ejectment and for recovery of arrears of rent. It was alleged that the defendant was the tenant of the shop on a monthly rent of Rs. 150/- and that the tenancy of the defendant was terminated on the expiry of the period mentioned in the notice sent under section 106 of the Transfer of Property Act. It is in this SCC Suit that the petitioner had filed an application under Order VII, Rule 10(2), C.P.C. for impleadment as a defendant with the allegation that the applicant was the owner of the property.

(2.) It transpires that the defendant Dr. Rajendra Kumar Sharma had earlier also filed application 12-C for impleadment of the petitioner as a defendant in the SCC Suit but the said application was rejected by the Court of Small Causes by the order dated 17th September, 2007 and the Revision filed by the defendant for setting aside the aforesaid order was also dismissed by the order dated 30th November, 2007.

(3.) It is after the dismissal of the said Revision that the petitioner filed an application under Order I, Rule 10(2), C.P.C. on 5th February, 2008 for impleadment and this application was rejected by the order dated 2nd December, 2010. The Revision filed for setting aside the aforesaid order was also dismissed by the judgment and order dated 8th December, 2011.