BASANT KUMAR UDASI Vs. MANGILAL DAS

JUDGEMENT

(1.) THIS petition challenges the order dated 24.1.2013 whereby the application of the petitioner preferred under section 10 CPC is rejected.

(2.) THE singular ground for rejecting the said application is that in both the civil suits all the parties are not same. In other words, the Court below opined that Section 10 can be pressed into service only when the parties in both the suits are same.

(3.) ADMITTEDLY , in the present case, the parties are not same. In connected writ petitions No. 5911/2009 and 5919/2009, although application of the petitioners therein and their application under Order 1 Rule 10 C.P.C. are allowed, fact remains that when the order dated 24.1.2013 was passed, the said persons were not party before the Court below. Thus, as per the position prevailing at that point of time, no fault can be found in the order passed by the Court below. Accordingly, the order dated 24.1.2013 does not require any interference by this Court. However, liberty is reserved to the petitioner to prefer appropriate application before the Court below after impleadment of petitioners of aforesaid petitions.