GOVIND PRASAD DUBEY Vs. CHANDRA MOHAN AGNIHOTRI

JUDGEMENT

(1.) THIS petition is directed against an order dated 28-1-2009 by the 1st Additional District Judge, hoshangabad in Civil Suit No. 34-A/2006, by which an application filed by petitioner under Order 1, Rule 10 read with Section 151, CPC dated 11-11-2008 was rejected.

(2.) LEARNED counsel for petitioner submitted :

(3.) TO appreciate the aforesaid contention, factual position in the case may be stated. The respondent No. 1 filed a suit for eviction under Section 12 of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as 'act' for short) against respondent no. 2. In the said suit the petitioner filed an application under Order 1, rule 10 read with Section 151, CPC, stating that the disputed property was recorded in the revenue papers in the year 1993 in the name of plaintiff Chandra Mohan Agnihotri. An amount of Rs. 90,000/- was paid to the plaintiff out of which Rs. 45. 000/- was paid by the petitioner along with his brother keshav Dubey, on the same date it was agreed between plaintiff, defendant and petitioner that in the sale deed this fact would be mentioned that out of total consideration, rs. 45. 000/- were paid by the petitioner herein. It was further pleaded in the application that at the time of execution of sale deed, the sale of 1st floor was to be affected in favour of petitioner and the possession on the suit property of defendant Keshav dubey shall be treated on behalf of petitioner. That on the date of filing of application 11-11-2008, petitioner became aware that a suit was filed by the respondent No. 1 against respondent No. 2, but without making such averments in the plaint in respect of agreement between the petitioner, respondent No. 2 and plaintiff. On the aforesaid grounds it was prayed that the petitioner be impleaded as defendant No. 2 in the plaint.