RAVILAL Vs. PUSHPA LODHI AND OTHERS

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution, the petitioner has challenged the order dated 27.06.2017 whereby his application filed under Order 1 Rule 10 CPC (Annexure P/6) has been rejected by the court below.

(2.) Briefly stated, the relevant facts are that in the instant suit, petitioner filed an application under Order 1 rule 10 CPC seeking his impleadment on the ground that certain rights were accrued in his favour as per the Will dated 10.6.2013. Since the plaintiff of present suit is also trying to establish the right on the basis of another Will, in the fitness of things, it will be proper to permit the present petitioner to contest the suit. In addition, it is submitted that petitioner has filed a separate suit for declaration which is registered as Civil Suit No.124-A/15 which is pending adjudication before VIth Civil Judge Class-I, Satna. Since the parties are claiming rights on the property of deceased Chhoti Bai, it will be proper to permit impleadment of present petitioner.

(3.) Shri Sanjay Jain submits that the court below has rejected the application on incorrect and improper grounds.