LAWS(MPH)-2003-11-15

MANOJ KUMAR Vs. HARISH KUMAR TOLANI

Decided On November 05, 2003
MANOJ KUMAR Appellant
V/S
HARISH KUMAR TOLANI Respondents

JUDGEMENT

(1.) PETITIONER aggrieved by order (Annexure P-7) passed by the 7th Civil Judge, Class II, Bhopal, in Civil Suit No. 83-A/02, Manoj Kumar v. H. K. Tolani has filed this petition.

(2.) BY the aforesaid order the Trial Court has rejected the application of the petitioner for impleadment of Ramratan Mohania as party and also the amendment proposed by the petitioner.

(3.) LEARNED Counsel submits that for complete adjudication of the case it is necessary to implead Ramratan as party because he is claiming himself to be the landlord of suit shop. Notice have been served by him on the petitioner and the petitioner has rightly filed the aforesaid application for amendment and for impleadment of Ramratan as defendant. Impleadment of Ramratan will avoid multiplicity of the suit and complete adjudication of the dispute will be done in the present suit. In support of his contention, petitioner has relied on judgment of this Court in Kamtaprasad and Anr. v. Smt. Vidyawati and Ors. (1995 JLJ 178), particularly Paras 11 and 13 of the case.