SUNDERLAL VARDHASA SAOJEE Vs. DIGAMBER RAMRAO ROKADE

JUDGEMENT

(1.) THIS revision is filed by the original defendant challenging the order passed by the learned Trinal Judge allowing the application of the respondent No. 2 to be added as party to the suit.

(2.) THE plaintiff has filed a suit for declaration of ownership and perpetual injunction in respect of survey No. 140/61/1, situated at village jintoor. The suit is filed against the present petitioner only. In that suit, the Respondent No. 2 preferred an application to allow him to join as a party, as public interest is involved, inasmuch as according to him, the property belongs to the Municipal Council. The learned Trial Judge allowed the application of the Respondent No 2. That order is challenged in this revision application.

(3.) SHRI P. R. Deshmukh, Counsel for the petitioner contended that the provisions of Civil Procedure Code in this respect are not at all followed. There is no direct interest shown by Respondent No. 2 in the suit nor his presence is necessary for adjudication of the matter. He relied upon the decision of this Court, reported in AIR 1972 Bom 148 and contended that the presence of the Respondent No. 2 is not necessary in the present case.