AMINA BIBI Vs. SK. MD. HANIF

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution, challenge is made to the order dated 20.11.2017, passed by the learned Civil Judge (Junior Division), Bhadrak, in C.S. No.140 of 2006-I whereby and whereunder, the learned trial Court rejected the application of the plaintiffs under Order 1 Rule 10 CPC for impleadment.

(2.) Plaintiffs-opposite party nos.1 and 2 along with proforma defendant no.5 have instituted the suit for declaration of title, confirmation of possession and in alternative for recovery of possession, in the event they are dispossessed during pendency of the suit and permanent injunction. During pendency of the suit, the defendant no.5 died, whereafter the plaintiffs filed an application for substitution. The same was allowed. While matter stood thus, the petitioners have filed an application under Order 1 Rule 10 CPC to implead them as defendants stating, inter alia, that they are legal heirs of the defendant no.5. But the plaintiffs had not impleaded them intentionally. To substantiate the case, the intervenors filed voter identity card as well as adhar card. They are proper parties to the suit. Plaintiffs filed objection to the same.

(3.) Learned trial court rejected the application holding, inter alia, that only submitting the voter identity card and adhara card, it will not strengthen the claim of the intervenors. The address of the intervenors and the proforma defendant no.5 is different. Held so, it rejected the application.