LAL CHANDRA Vs. DISTRICT JUDGE JAUNPUR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 15-2- 1988 passed by respondent no. 2 allowing the impleadment application filed by respondents no. 5, 6 and 7 and the order dated 3-3-1989 passed by respondent no. 1 dismissing the revision against the aforesaid order.

(2.) THE facts in brief, are that respondent no. 3. Ram Karan Yadav, filed suit no. 185 of 1979 against the petitioners for declaration that he was owner as well as in possession of the disputed property and for recovery of possession in case it was held that in view of the proceedings under Section 145 CrPC he was not in its possession. During the pendency of the suit the plaintiff transferred the disputed property on 20th June, 1984 in favour of Ragho Ram, Rajmani and Subhash Chandra, respondents no. 5, 6 and 7 in this writ petition. On 3-1-1985 they moved an application (73-C) under Order 22 Rule 10 CPC for being impleaded as party to the suit. Before disposal of that application on 25th March, 1985 they moved another application under Order 1 Rule 10 CPC with the same prayer. On 9th April, 1985 their counsel noted on the order sheet : "73-C because of technical ground not pressed."

(3.) I have heard learned counsel for the parties.