KAILASH Vs. KALURAM

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dtd. 4/3/2022 passed by First Civil Judge, Junior Division, Ashoknagar in Case No. RCSA No.351/2021, by which the application filed by the petitioners under Order 1 Rule 10 read with Sec. 151 of CPC for impleading them as defendants has been rejected.

(2.) It is submitted by the counsel for the petitioners that the respondent No.1 has filed a civil suit against the respondents No.2 to 6 for declaration of title and permanent injunction in respect of Survey No.256/2 area 1 hectare. The petitioners filed an application under Order 1 Rule 10 of CPC on the ground that the petitioners are in possession of the suit land and are necessary party. By the impugned order, their application under order 1 Rule 10 CPC has been rejected.

(3.) On 28/11/2022, a specific statement was made by the counsel for the petitioners that although the petitioners in their application have claimed that they are in possession, but now they do not want to press the said submission made in the application and they want to get themselves impleaded just in order to support the State Government and other defendants. However, on 28/11/2022, the counsel for the petitioners sought time to make further submission. Today, once again Shri R.P. Kaurav made a submission that the petitioners hereby forgo all their rights which they have claimed in their application under Order 1 Rule 10 of CPC, but since they want to support the State Government in order to ensure that the case for protection of suit property is properly contested, therefore, they are necessary parties. Accordingly, counsel for the petitioners has relied upon the judgment passed by the Supreme Court in the case of Kasturi v. Iyyamperumal and others reported in (2005) 6 SCC 733 and the judgment passed by the Division Bench of the Delhi High Court in the case of Kranti Arora vs Digjam Ltd. decided on 8/7/2022 in Case No. RFA(OS) No. 7/2011.