PURSOTTAM DAS AGARWAL Vs. RAMBHAROSE RAJPUT

JUDGEMENT

(1.) Supervisory jurisdiction of this Court u/Art. 227 of the Constitution is invoked to assail the interlocutory order dated 30/1/2018 passed in C.S.No. 61A/17 by First Civil Judge, Class-II, Gwalior (M.P.) whereby an application u/O 1 Rule 10 Civil Procedure Code preferred by petitioner herein in a suit for eviction and arrears of rent based on a claim of 1/11th share in the suit accommodation, has been dismissed.

(2.) Learned counsel for the petitioner is heard on the question of admission.

(3.) Learned counsel relying upon the decision of coordinate bench of this court in the case of Vishnu Swaroop Joshi Vs. Janki Prasad Kurele 2013(II) MPWN 57 submits that in a case attended with similar circumstances, this court exercising supervisory jurisdiction u/Art. 227 of the Constitution set aside the order of the trial court dismissing an application u/O 1 Rule 10 CPC. It is further submitted that the impugned order is nonspeaking and also that non-impleadment of the petitioner would lead to grave prejudice as the petitioner is successor-in-title qua the suit accommodation.