CHANDRADHARI @ SHIV BACHAN Vs. GAON SABHA GHAZIPUR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In a suit for permanent injunction filed against the Gram Sabha and the State of U.P., respondent No. 3 sought his impleadment on the ground that he is one of the co-sharer of the suit property in as much as the said property is joint family property of the parties. The pedigree has been given by the applicant in the impleadment application filed in Order 1, Rule 10 of the Code of Civil Procedure. The said pedigree has not been disputed by the petitioner rather it is sought to be submitted that as per own admission of respondent no.3, a partition had been arrived with regard to the joint family property and as such, the applicant/respondent no.3 cannot be either necessary or proper party to the suit.

(3.) The question of petitioner's a right to the said property would require evidence and in case of any assertion made by respondent no.3 regarding the suit property being joint family property, the said aspect also be considered in the present suit.