SAURABH GARG Vs. ABBAS SHABBIR

JUDGEMENT

(1.) HEARD Sri Swapnil Kumar, learned counsel for the petitioner.

(2.) THROUGH this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the order dated 9.7.2009 passed by the Civil Judge (Senior Division), Agra in Original Suit No. 458 of 2009 (Abbas Shabbir Vs. Saurabh Garg and Others) and order dated 22.9.2014 passed by the Additional District Judge, Court No. 17, Agra in Civil Revision No. 67 of 2009 (Saurabh Garg and Another Vs. Abbas Shabbir and Others). Vide order dated 9.7.2009, the impleadment application filed by the other side for impleading Sri Sher Mohd. @ Mohd. Abbas has been allowed, whereas by the subsequent order dated 22.9.2014, the petitioners' revision has been dismissed by the learned Additional District Judge.

(3.) WHILE assailing the impugned order, learned counsel for the petitioners contends that originally, the suit was filed by respondent no. 1 seeking injunction against the petitioner -defendant on the ground that his father happens to be the licencee of the accommodation in dispute and the petitioners are also living in the said house and there is also electric connection in his name. In the said suit, an application for injunction was also filed, which was heard on 28.5.2009 and 30.5.2009 was fixed for delivery of order. It is on 30.5.2009, respondent no. 1 filed an amendment application for amending the plaint by adding plaintiff no. 2 Sri Sher Mohd. @ Mohd. Abbas.? The said application was allowed on 9.7.2009 with the liberty to the newly impleaded plaintiff to verify the plaint.