PRAMENDRA SHRIVASTAVA Vs. FARUKH MIYA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, is directed against the order dtd. 1/8/2017 passed by 21st Civil Judge, Class-II, Bhopal in R.C.S No.A/4800179/2013, whereby, the application under Order 1 Rule 10 of Code of Civil Procedure had been allowed by the learned trial Court directing to implead Mrs. Lubna Khan wife of Sharyar Khan and his mother Saba Khan, as defendants No.2 and 3 respectively.

(2.) Learned counsel appearing for the petitioner made the following broad submissions.

(3.) Learned counsel appearing for the defendant has supported the impugned order and has submitted that the trial Court has rightly allowed the application as according to him, the respondent No.2 is the owner of the suit in question and, therefore, is a landlord. In absence of respondent No.2, no effective decree can be passed. The scope of interference under Article 227 of the Constitution of India is very limited. He has placed reliance on a decision of the Supreme Court in the case of Shalini Shyam Shetty vs. Rajendra Shankar Patil, reported in (2010) 8 SCC 329, and prays for dismissal of the writ petition.