SMT. SUGRABI Vs. HARI RAM AND OTHERS

JUDGEMENT

(1.) This revision is directed against an order dated 29-10-1982 passed by the 3rd Additional Judge, Raipur in Civil Suit No. 5-A of 1982.

(2.) Respondents 1 and 2 viz., Hariram and Rameshkumar have filed a suit against respondents 3 and 4 viz., Prem Stationery Mart-a registered Firm and Dipchand for eviction. The two defendants were admittedly the tenants in the suit accommodation of Allabux who is the predecessor in title of the plaintiffs. Allabux had sold the accommodation by two separate sale- deeds of two portions to the plaintiffs.

(3.) In the aforesaid suit an application under Order 1. Rule 10 of the Code of Civil Procedure (hereinafter referred to as the Code) was submitted by the petitioner Smt. Sugrabi who is the sister of Allabux, the vendor of the plaintiffs, for being added as a party to this ejectment suit. She claimed that she has 22 paisa share in the property which had been sold by Allabux to the plaintiffs. It is admitted that the petitioner Sugrabi has already filed a Civil Suit being Civil Suit No. 8-A of 1979 in the Court of the District Judge, Raipur for her 22 paisa share in the property as also to enforce her rights of preemption. This suit is pending. This application was opposed by the plaintiffs. The trial Court by the impugned order rejected this application.