BASANT KUMAR SONI Vs. MUKUND DAS SONI

JUDGEMENT

(1.) This revision under Article 227 of the Constitution of India is directed against the order, dated 01-12-2009, in I.A. No. 1550 of 2009 in O.S. No. 58 of 2009, on the file of the Principal District Judge, Medak at Sangareddy, whereunder and whereby the application filed under Order I Rule 10(2) r/w Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') to implead the petitioner herein as defendant No. 3 in the main suit O.S. No. 58 of 2009, was dismissed.

(2.) Brief facts, that are necessary for disposal of the present revision petition may be stated as follows:

(3.) The 1st respondent-plaintiff filed counter stating that the petition is not maintainable in the eye of law. He denied about the petitioner filing suit in O.S. No. 47 of 2009 on the file of the Principal District Judge, Medak at Sangareddy for specific performance of agreement of sale against the respondents 2 and 3 and their GPA holder in respect of the suit schedule property. The petitioner did not file any documentary evidence in respect of the said allegations. As the defendants in the suit did not appear, they were rightly set ex parte and the matter was posted for evidence. Accordingly, he filed his affidavit evidence. Since the trial has already been commenced, the present petition to implead the petitioner as party does not arise. Being unconcerned person to the above suit, the petitioner has got no locus standi to raise any objection against the 1st respondent. Since the petitioner is no way concerned with the suit schedule property in any manner, he is not entitled to raise any claim or adverse rights against the respondents or their vendor. The allegation that the respondents and their vendor have colluded to defeat the rights of the petitioner is denied. Therefore, he prays to dismiss the petition.