MOHD IRSHAD AND OTHERS Vs. KU AAKLA BANO

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution of India the petitioners/plaintiffs have challenged the order dated 08-04- 2015 whereby their application under Order 1 Rule 10 r/w Section 151 of the C.P.C. is rejected by the Court below.

(2.) The petitioners filed a suit for declaration of title and permanent injunction.

(3.) Shri Naveriya, learned counsel for the petitioners contended that when the respondents filed their written statements, the petitioners came to know that some part of the suit property has already been sold to Ms. Sunrise Construction and Jabalpur Development Authority (J.D.A.). With a view to implead them as a party, the said application (Annexure P/3) was filed. He criticized the order passed by the Court below. He submits that the Court below has erred in rejecting the said application. It is urged that the said persons are necessary parties. It was open to the petitioners to file another application seeking amendment in the plaint. In such amendment, the petitioners can seek relief against the newly added respondents. The Court below has mechanically rejected the application.