SEHDEV DUBEY Vs. PUSHPA TIWARI & ORS

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This petition under Article 227 of the Constitution of India has been filed against the order dated 5.2.2016 passed by First Civil Judge Class 2 Dabra, District Gwalior in C.S. No.2A/2012 by which the application filed by the plaintiffs under Order 1 Rule 10 C.P.C. has been allowed and the respondent No.10 has been directed to be impleaded.

(3.) The necessary facts for the disposal of the present petition in short are that the plaintiffs have filed a civil suit for declaration of title and permanent injunction on the ground that the suit property was left by Late Ramnarayan, in which the plaintiffs have 3/7th share. The suit was filed on 23-12-2011. The petitioner filed his written statement on 13-2-2012 denying the plaint averments. It was further pleaded in the written statement that, by a registered sale deed 29-3-2007, the defendants no. 3 to 6 have sold 0.533 hectares of land out of survey no. 403, 405 to Saurabh and the plaintiffs have not prayed for setting aside the said sale deed and even Saurabh has not been made a party to the suit and he is a necessary party.