RAMIT KUMAR PATHAK Vs. PAWAN KUMAR PATHAK

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been preferred before this court on being aggrieved by the order dated 18/3/2010 passed by Fifth Additional District Judge, Gwalior (M.P.) in Civil Suit No.11A/09 (Ramit Kumar Pathak Vs. Pawan Kumar Pathak & others) whereby the application filed by the Intervenor-Ramkishan Dubey under Order I Rule 10 of C.P.C. with the aid of section 151 of C.P.C. has been allowed by the court-below and the plaintiff/petitioner was directed to implead the intervenor-Ramkishan as respondent No.3 in the suit proceedings and the case was fixed for 26/3/2010 for filing written statement by the intervenor.

(2.) It is pertinent to mention here that the proceedings of the trial court are stand still because of the order of the stay passed by Division Bench of this court on 9/11/2010.

(3.) The facts, necessary for adjudication of this petition are as under: