OMPRAKASH Vs. MUNNIBAI

JUDGEMENT

(1.) HEARD on admission. Rejection of applicants' application under Order 1 Rule 10 of the Code of Civil Procedure, 1908, by trial Court has given rise to this revision petition. Respondent No. 2 as landlord instituted a suit against respondent No. 1 for eviction on various grounds. Respondent No. 1 happens to be widow of Babulal and mother of applicants. Applicants are undisputedly living in the suit house.

(2.) THE applicants wanted to be impleaded as respondents on the ground that they were legal representatives of Babulal, who was the original tenant, contending that all the legal representatives should be impleaded in place of Babulal. This contention was not accepted by learned trial Court on the ground that first as per plaint allegations, relationship of landlord and tenant existed only between respondent No. 2 and respondent No. 1 as would be evident from the documents produced by respondent No. 2 and also looking to the pleadings of the respective sides on that aspect. The learned trial Court was also of the view that all the legal representatives of the deceased -tenant were not required to be impleaded in his place as was held in the case of Ramjilal v. Bhiqchulal [MPRCJ (1993) 6 Note 112].

(3.) THE revision petition is, therefore, dismissed in limine. In view of rejection of the revision petition, M.C.P.No. 270/2001 is also rejected.