ALLAUDDIN Vs. THE COLLECTOR, SUNDARGARH AND ORS.

JUDGEMENT

(1.) This matter arises out of an order passed by the lower Court considering an application under Order 1 Rule 10 of C.P.C. at the instance of the opposite party Nos. 4 to 12.

(2.) The short back ground involved in the case is that pending consideration of Civil Suit bearing No. 389/2010 for declaration of right title, interest and possession over the suit land at the instance of the plaintiff, an application was filed by the opposite party Nos. 4 to 12 under Order 1 Rule 10(2) of C.P.C. seeking their intervention in the suit on the premises that the said opposite parties are not only the villagers but also are in use of the disputed land as a communal land for their day to day purposes and in the event, the suit is decided in their absence, they are going to be seriously prejudiced. Petitioner as plaintiff and the State opposite party as defendants in the suit seriously objected such interventions of the opposite party Nos. 4 to 12.

(3.) Considering the claim in the application under Order 1 Rule 10 of C.P.C. and the objection at the instance of the respective parties to the said application, the trial court by the impugned order allowed the application thereby allowing the impletion of the opposite party Nos. 4 to 12 as defendants. Hence, the present writ petition at the instance of the plaintiff -petitioner.