LEELA Vs. SHEETAL PRASAD BATHAM

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 12/1/2018 passed by First Civil Judge, Class-II, Dabra, District Gwalior in RCS-A/900092/2016, by which the application filed by the petitioner under Order I Rule 10 CPC has been dismissed.

(2.) It is not out of place to mention here that earlier this petition was dismissed by this Court by order dated 31/5/2018, however, the said order was reviewed by order dated 17/7/2018 passed in R.P. No.1030/2018.

(3.) The necessary facts for disposal of the present petition in short are that the petitioners have filed a suit for declaration of title and permanent injunction. It appears that the defendants during pendency of the suit have sold some part of the disputed property and accordingly, an application under Order I Rule 10 read with Order XXII Rule 10 CPC was filed for impleading the subsequent purchasers in the suit. By the impugned order, the said application has been rejected by the trial court.