ATISH CHANDRA SINHA Vs. MANJUSHREE DASH

JUDGEMENT

(1.) Challenging, inter alia, the order dated 17.9.2004 passed by the learned Additional Civil Judge (Sr. Divn.), Puri in T.S. No.46 of 1993 -I allowing the application filed by the intervenor under Order 1 Rule 10 C.P.C., the petitioners have filed this application under Article 227 of the Constitution of India.

(2.) The opposite party no.1 as plaintiff instituted T.S. No.46 of 1993 in the court of the learned Additional Civil Judge (Sr. Divn.), Puri for specific performance of contract impleading the petitioners as defendants.

(3.) Learned trial court came to hold that the petitioner claims that he is in possession of the suit land. The petitioner being the husband of the plaintiff is necessary party to the suit and no prejudice will be caused to the defendants if he is added as a party. Held so, learned trial court allowed the application on 17.9.2004.