RAJENDRA PRASAD Vs. VIDHYARAM SHARMA

JUDGEMENT

(1.) The petitioners/plaintiffs have preferred this writ petition challenging the order dated 17/07/2009 (Annexure P/1) passed by the Civil Judge Class -II, Mahgaon, District Bhind in Civil Suit No.645 -A/1998, whereby application under Order I Rule 10 r/w Section 107 & 151 CPC preferred by the respondent No.1 for impleading him as a defendant in the suit has been allowed.

(2.) Petitioner No.2 is the Gram Panchayat Gijurra through its Sarpanch and alongwith one other person has filed suit for declaration and permanent injunction for securing the public land, which intended to be grabbed by respondents No. 2 to 5/defendants through a collusive decree. According to the petitioners, respondents No. 2 to 5 are real brothers and therefore, through collusion they were trying to grab the land of Gram Gujurra, Tahsil Mahgaon District Bhind meandering through different litigations.

(3.) The controversy seems to have chequered history as narrated in the petition memo. Main thrust of submissions of the petitioners/plaintiffs is that plaintiffs being dominus litis are pursuing a public cause. The respondents/defendants have already obtained a collusive decree and under the garb of this application under Order I Rule 10 r/w Section 107 & 151 CPC they are trying to distract the controversy in a different direction. Therefore, according to petitioners, the order of the trial Court needs to be set aside as the respondent No.1 is neither a necessary nor a proper party to the proceedings.