PRAMOD KUMAR Vs. RAVINDRA MALAY

JUDGEMENT

(1.) Heard on the question of admission. This petition is filed by the petitioner challenging the order Annexure P/ 1 dated 8.1.2007 passed by the First Additional District Judge, Gwalior in Civil Appeal No. 5-A/06 whereby his application under Order 1, Rule 10. C.P.C. is rejected by the Appellate Court on the ground of delay.

(2.) Brief facts of the case are that respondent No. 1 flied a suit against respondent No. 2 which was decreed against which respondent No. 2 has preferred an appeal. During the pendency of the appeal, petitioned has filed an application alleging that he Is the brother of appellant Shyam Sunder Chachada (respondent No. 2) who was tenant in the premises and he is in possession oft the suit property. hence, he is a necessary This application is rejected by the Appellate Court on the ground of delay vide impugned order.

(3.) Contention of the learned Counsel for the petitioner is that the petitioner is the brother respondent No. 2, i.e. tenant and the suit property was originally let out to the father of present petitioner and tenant respondent No 2, hence, the petitioner is also a necessary party.