B P DHANDHA Vs. RAM SARAN BHATIA

JUDGEMENT

(1.) The petitioner's prayer for implement as a party was declined by the trial Court and the application under Order 1 Rule 10 CPC filed by him was dismissed.

(2.) I have heard Shri A. P. Bhandari, learned Counsel for the petitioner, Shri C. B. Goel, learned Counsel for respondent No. 1 and Shri A. R. Takkar, learned Counsel for respondents No. 2 and 3.

(3.) The reasoning given by the trial Court for dismissing the application was that a separate suit regarding title of the suit property between the parties is already pending in the Court of Shri Vimal Sapra, learned Civil Judge (Junior Division), Faridabad, prior to this suit. The rights of the parties regarding ownership are to be determined in that suit, whereas in the present suit the simple question involved is as to whether the defendant Corporation is competent to revoke or withdraw the sanction already granted to the plaintiff regarding construction of the building in question.