GIRRAJ SINGH Vs. BRIJESH GOSWAMI

JUDGEMENT

(1.) UMESHWAR Pandey, J. Heard learned Counsel for the parties.

(2.) THE petitioner's application as third party for being impleaded as plaintiff in the suit was dismissed by the trial Court, and his revision before the District Judge was also dismissed.

(3.) IT is true that the aforesaid provision of Order I, Rule 10 C. P. C. provides for impleadment of the third party either as plaintiff or as defendant in a suit. But then the circumstances under which the petitioner moves the Court for such impleadment has to be weighed by the Court before it passes order and the order should not be against the general policy prevailing in such matters. The present plaintiff in the suit is not agreeable to petitioner's joining as plaintiff. Therefore, a third party cannot be put upon such plaintiff who might, at a subsequent stage of the suit, not be ameneable to him.