SHUVAM CONSTRUCTION PVT LTD Vs. BABITA MOHANTY

JUDGEMENT

(1.) THE order of the Ad hoc Addl. District Judge, Fast Track Court No. II, Bhubaneswar, dated 3-3-2008 passed in C.S. No. 120 of 2003, rejecting the petitioner's application under Order 1. Rule 10(2) read with Section 151, CPC is under challenge in the present writ application.

(2.) THE facts, giving rise to the present writ application is that the plaintiff-opposite party No. 1 filed C.S.No. 120 of 2003 in the Court of the Civil Judge (Senior Division), Bhubaneswar, against the defendant-opposite party No. 2, for eviction, recovery of arrear rent and mesne profit. During the pendency of the civil suit, the plaintiff-opposite party No. 1 sold her right, title and interest in the suit property to the present petitioner by registered sale deed dated 16-6-2004. After the sale of the suit property, as the plaintiff-opposite party No. 1 did not pursue the civil suit in the right earnest and as the present petitioner, being a lis pendens transferee had vital interest in the suit, the petitioner filed an application under Order 1, Rule 10(2) read with Section 151, CPC for being impleaded as plaintiff in the civil suit. THE said application was objected to by the defendant-opposite party No. 2. though no objection was raised by the plaintiff-opposite party No. 1.

(3.) THE writ application is accordingly allowed. Application allowed.