GANESH SHRIHARI VISHWAKARMA Vs. VIJAY OMPRAKASH VISHWAKARMA

JUDGEMENT

(1.) Heard Mr. Alaspurkar, learned counsel for the applicants.

(2.) The revision challenges the order dtd. 2/9/2021 passed below Exh. 12 (page 52), which rejects the application under Order VII Rule 11 (d) of the Code of Civil Procedure (for short "CPC"), filed by the applicants/defendants on the ground that a necessary party to the suit has not been added.

(3.) Spl.C.S. No. 195/2020 is filed by the non-applicant, seeking several reliefs including partition and separate possession of his half share in the suit property. It is contended by Mr. Alaspurkar, learned counsel for the applicants, that apart from the defendants, there is one more person who is also entitled to a right and claim in the suit property being the legal heir of one Pradip s/o of Omprakash Vishwakarma. A perusal of the tree as enumerated in para 3 of the plaint indicates, that Pradip has passed away without any issues. In that view of the matter, since the plaint enumerates a particular position, that will have to be accepted on its face value.