NARESH KUMAR JAIN Vs. GOBINDARAM CHOUDHURY

JUDGEMENT

(1.) THIS case was listed for fresh admission on 18.3.2010. Opposite party No.1 who is the plaintiff has appeared through Mr. S.S. Das, learned counsel by filing Vakalatanama in Court today. On consent of learned counsel for the parties, the matter was heard and the order was reserved.

(2.) THE petitioner has filed this writ petition challenging the order dated 10.2.2009 passed by the learned Civil Judge (Senior Division), 1st Court, Cuttack in Civil Suit (I) No.124 of 2008 rejecting the application of the petitioner to implead him as a party to the suit.

(3.) THE present petitioner has filed Civil Suit No.208 of 2007 prior to the suit of opposite party No.1 impleading OSFC, M/s. Jain Roller Flour Mills Pvt. Limited and the present opposite party No.1 as defendants seeking a declaration of his right, title and interest in respect of the suit property measuring an area of Ac.0.16 decs. out of Ac.0.76 decs. and permanent injunction restraining the defendants from coming upon the suit property and creating any disturbance in the peaceful possession of the plaintiff petitioner over the same. In the said suit, he moved an application under Section 10 of the Civil Procedure Code to stay the further proceeding of the subsequent suit i.e. Civil Suit (I) No.124 of 2008. His application was rejected. Against the said rejection, he filed WP(C) No.15792 of 2009 which was also dismissed by this Court on 3.3.2010 observing that when both the suits had been ordered to be heard analogously, there was no likelihood of giving rise to conflicting decisions.