NITIN SIRBHAIYA Vs. DIVYA BADHWANI

JUDGEMENT

(1.) With the consent of learned counsel for the rival parties, the matter is heard finally.

(2.) In this petition under Article 227 of Constitution of India, the petitioner is aggrieved by impugned order dated 09/09/2014, whereby, the application under Order 1, Rule 10 of the Code of Civil Procedure (herein after referred to as 'CPC') for impleading him in the suit for eviction from portion of house which has been rented out, recovery of arrears of rent and damages has been rejected by 3rd Civil Judge, Class-II, Vidisha.

(3.) The brief facts leading to filing of this petition are that the respondents No. 1 and 2/plaintiffs have filed a suit against the respondent No. 3 for eviction from portion of house which has been rented out, recovery of arrears of rent and damages. The petitioner herein is admittedly not a party in the suit. He filed an application under Order 1, Rule 10 of CPC to get himself added in the suit as defendant on the ground that he is in possession of the suit premises for more than 40-50 years. Considering the long possession of Dinesh Sirbhaiya father of the present petitioner, the owner of the house namely Heera S/o Shri Mishrilal gifted the house to Dinesh Sirbhaiya. This fact was acknowledged by executing Panchnama in the year 1995 by Mohanlal S/o Shri Sorumal Chhugani. Inspite of having knowledge of the said fact, the plaintiffs purchased the house without taking possession and deliberately did not implead the petitioner as party to the present suit who is necessary party. No reply was filed by the plaintiffs/respondents No. 1 and 2 in rebuttal of the said application.