MOHD FAROOQ Vs. DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) A civil suit No. 159 of 1989 was filed by one Riaz Ahmad and Nuren Ahmad against Faffar and Nanhe before the Court of Sharki, Allahabad, for a relief of injunction restraining the defendants not to demolish, damage or illegally possess the land of plaintiffs abadi, shown by letters 'ka, kha, ga, gha, angha and cha' of the site-plan. They may also not interfere with the plaintiffs' possession over the land in question. The defendant respondents filed their written statements to the plaint before the Court.

(2.) The present petitioner submitted an application under O. 1 R. 3 for impleading as defendant No. 4 in the plaint. The application for impleadment was opposed by the respondents. The petitioner submitted that he is a necessary party, and his rights and interests in the property in question is likely to be affected unless he is impleaded in the suit as a party.

(3.) The application for impleadment was rejected by the learned Civil Judge on the ground that the plaintiff of the suit had filed the suit for injunction against the persons shown as defendants against whom he has pleaded the cause of action and seeks the reliefs. The application for impleadment filed by the petitioner was rejected on the ground that neither he is a necessary party nor there was any relief claimed against him. Thus, the application was rejected.