JAY NARAYAN DAS Vs. CHHOTELAL AND OTHERS

JUDGEMENT

(1.) The supervisory jurisdiction of this court under Article 227 of the Constitution of India is invoked to assail the intermediate order passed on 4/2/16 in Civil Suit No. 28A/2015 allowing the application under Order 1, Rule 10 CPC preferred by Munnilal and Bhagirath respondents No.2 and 3 herein by recording a finding that in a suit for eviction the said two persons who are in possession of the suit property are necessary party, thereby compelling the plaintiff to approach this court.

(2.) The plaintiff/petitioner preferred a suit for eviction for arrears of rent against the defendant/respondent No.1, claiming to be owner of the suit property. During pendency of the said suit, an application under Order 1, Rule 10 read with section 151 of CPC was preferred by respondents No.2 and 3 herein denying the ownership of the plaintiff and claiming impleadment in the suit as party on the strength of being in possession of the suit property since time immemorial.

(3.) The learned Trial Judge, based on the claim of respondents No.2 and 3 of being in possession of the suit property since long and relying upon the decision of this Court in the case of Nemichand Jain v. Ram Baboo 1995 (1) MPWN 47 allowed the said application and directed impleadment of respondents No.2 and 3 as defendants.