RAMA CHANDRA MUDRA Vs. RAGHUNATH MUDRA

JUDGEMENT

(1.) IN this writ application the petitioner has challenged the order dated 3.4.2007 passed by the learned Civil Judge (Junior Division), Puri in C.M.A. No.90 of 2006 wherein he rejected the application filed by the petitioner under Order 1, Rule 10 read with Section 151 of the Civil Procedure Code to implead him as a party to the dispute.

(2.) THE learned counsel for the petitioner contended that he purchased the property from the defendant No.1 Gopinath Mohanty, who contested the suit. The defendant exercised his right over the suit property after the disposal of the suit. Thereafter said Gopinath Mohanty executed a registered sale deed on 14.9.2004 in favour of the petitioner. By virtue of the said sale deed, the petitioner enjoyed the suit property since the date of purchase.

(3.) THEREFORE , this Court set asides the impugned order dated 3.4.2007 passed by the learned Civil Judge (Junior Division), Puri in C.M.A. No.90 of 2006 and directs the Court below to implead the petitioner as a party to the suit and proceed with the matter in accordance with law. The writ application is accordingly disposed of. Application disposed of.