MOHAN SHYAM Vs. MUNSHIDHAR

JUDGEMENT

(1.) Plaintiffs have come up by way of this revision petition under Article 227 of the Constitution of India challenging order dated 23.11.2009 passed by learned Civil Judge (Junior Division), Rewari thereby allowing application moved by respondent No. 9 Deen Dayal under Order 1 Rule 10 read with Section 151 of Code of Civil Procedure (in short, CPC) and thereby impleading respondent No. 9 as party to the suit filed by the petitioners against respondent Nos. 1 to 8 only.

(2.) Plaintiffs have filed suit for permanent injunction alleging that plaintiffs and proforma defendants No. 3 to 8 are owners in possession of the suit property and defendants No. 1 and 2 wanted to interfere in their possession and construction being raised by them. Plaintiffs accordingly sought permanent injunction restraining defendants No. 1 and 2 from interfering in peaceful possession of plaintiffs and defendants No. 3 to 8 and from causing any obstruction in the construction work of boundary walls being raised by them.

(3.) Respondent No. 9 herein alleged that Nand Kishore purchased the suit property in auction as general attorney of firm M/s Ramjiwan Tek Chand of which Ramjiwan and Tek Chand were partners having equal shares. Consequently, Ramjiwan and Tek Chand were owners of the suit property in equal shares. On their death, the firm stood dissolved. Respondent No. 9 Deen Dayal being grandson of Tek Chand has l/4th share in the suit property and is, therefore, necessary party to the suit. His application has been allowed by the trial court.