RAJALAXMI SAHU Vs. TARINI PRASAD RATH

JUDGEMENT

(1.) Heard Mr. K.K.Mishra, learned Advocate for the Petitioner and Mr. G.Mishra, learned Senior Counsel for Opposite Parties.

(2.) Present Petitioner is the Applicant in a petition under Order 1 Rule 10 CPC praying to implead her as a party in the suit between present Opposite Parties 1 & 2 as Plaintiff and Defendants respectively in C.S. No.217 of 2019 pending before learned Senior Civil Judge (LR & LTV), Berhampur.

(3.) The Plaintiff filed the suit praying for a decree for recovery of possession with further prayer against the Defendant to vacate the house and deliver the possession thereof to the Plaintiff. The Defendant filed her written statement contesting the suit. The suit proceeded and presently is at the stage of evidence adduced from the side of the Plaintiff. The Plaintiff has already examined two witnesses on his behalf. At this stage present Petitioner claiming to be in possession of part of the suit house filed a petition under Order 1 Rule 10 of CPC praying to add her as Defendant No.2 granting an opportunity to contest in the suit. Said prayer of the Petitioner has been refused by the Trial Court on the ground that the Petitioner is neither a necessary nor a proper party to the suit.