JAGDEESH PRASAD GUPTA Vs. MADAN LAL

JUDGEMENT

(1.) ALTHOUGH this case is listed today for admission and consideration of the stay application but in the available scenario of the matter, with the consent of the parties, the same is heard finally.

(2.) THE petitioner/plaintiff has filed this petition under Article 227 of Constitution of India, being aggrieved by the order dated 23.04.12 (Annexure P-6) passed by 6th Civil Judge Class-II, Sagar, in C.O.S. No.10-A/12, allowing application of the respondents no.4 to 6 filed under Order 1 Rule 10 of the C.P.C., permitting them to implead as a party in the matter and pursuant to it, such respondents no.4 to 6 have been directed to be impleaded as defendants in the suit of the present petitioner.

(3.) THE aforesaid prayer is opposed by Shri Manoj Sanghi, learned counsel for the respondents no. 1 to 4 saying that the respondents no.4 to 6 being co- owner of the property have every right to join the proceedings filed against the tenant or any other person with respect of their property, as such in their absence no effective decree could be passed against tenant in civil litigation. In continuation, he said that mere on the whims of the petitioner/plaintiff, the respondents no.4 to 6 could not be deprived to keep their continue observation to protect their right in the impugned suit and in such premises, the trial court has not committed any error in allowing the application of respondents no.4 to 6 and prayed for dismissal of this petition.