BAIJNATH Vs. STATE OF M P

JUDGEMENT

(1.) THE plaintiff Durga Prasad filed a civil suit in the Court of the IIIrd Additional District Judge, Jabalpur, under section 8 of the Madhya pradesh Public Trusts Act, 1951 for a declaration that the entry No. 305 in the register of Public Trusts was void and that the house in suit did not belong to any public trust. The suit has been filed against the Registrar of Public Trusts, jabalpur and the State of Madhya Pradesh as defendants. In this suit, the applicant Baijnath made an application under rule 10 of Order 1 of the Code of Civil Procedure for being added as a party defendant to the suit on the ground that he was a necessary or, at least, a proper party because-

(2.) THE application was opposed by the plaintiff, and the trial Court dismissed the application holding, inter alia,-

(3.) THE learned counsel for the applicant contends that the learned Additional District Judge has erred in the exercise of his jurisdiction in dismissing the application of the applicant for a joinder and that he should be ordered to be joined in exercise of my re-visional powers under section 115 of the Code of civil Procedure.