JAGAN NATH Vs. RAMESH KUMAR AND ORS

JUDGEMENT

(1.) Plaintiff-Petitioner has approached this Court by invoking supervisory jurisdiction under Article 227 of the Constitution of India, assailing the order dated 11.08.2008 passed by learned Additional Civil Judge (Senior Division), Ferozepur, whereby application moved by the Nagar Council seeking impleadment as Defendant was allowed and order dated 10.06.2010 passed by the same Court refusing to recall impleadment order.

(2.) Plaintiff has filed suit for permanent prohibitory injunction against Defendant Nos. 1 and 2. In the suit, Respondent No. 3 - Nagar Council moved an impleadment application stating that property in dispute is owned and managed by Nagar Council, hence, Nagar Council is the proper and necessary party in a suit. Learned Trial Court allowed the impleadment.

(3.) Learned Counsel for the Petitioner vehemently argued that Plaintiff has never given his consent for the impleadment and impleadment application was wrongly allowed by wrongly recording consent of the Plaintiff.