SHAYAMA JAIN Vs. SAVITRI DEVI

JUDGEMENT

(1.) This is a revision petition directed against the order dated 24-8-2000 passed by the Civil Judge (Junior Division), Narnaul dismissing the application filed by the applicant-petitioner under Order 1 Rule 10 of the Code of Civil Procedure (for brevity, the Code') claiming that she was necessary and proper party and was, thus, liable to be impleaded.

(2.) Facts necessary for deciding the controversy raised in this revision petition are that plaintiff-respondent No. 1 has filed the suit challenging the notice issued by the Municipal Council, Narnaul under Section 181 of the Haryana Municipal Act, 1973 (for brevity, 'the Act) wherein she has been asked to remove the illegal and unauthorised encroachment made by her by construction of staircase in the public street within a period of 7 days. In that suit only Municipal Council, Narnaul has been joined as party defendant. Alongwith the suit plaintiff- respondent No. 1 has filed an application under Order 39, Rules 1 and 2 of the Code praying for interim injunction. The Civil Judge has-granted the interim stay of demolition of staircase on the passage.

(3.) The applicant-petitioner in her application filed under Order 1, Rule 10 of the Code asserted that she has purchased the land measuring 1475 square yards in the year 1989 and she has constructed her house on the land measuring 1275 square yards and the remaining area of 200 square yards was left for passage. It was further averred that she is presently residing in the house alongwith her family. The plaintiff-respondent No. 1, who is her neighbour, has constructed the staircase on two feet area of the passage of the public street which leads to the house of the applicant- petitioner. The construction of staircase In the street raised by the plaintiff-respondent No. 1 is in excess and cause obstruction to approach to the house of the applicant-petitioner. Aggrieved by the raising of illegal construction of staircase, the applicant-petitioner filed a complaint dated 27-2-2000 to the Deputy Commissioner, Narnaul requesting him for removal of the illegal and unauthorised construction of staircase raised by plaintiff-respondent No. 1. The Deputy Commissioner, Narnaul referred the complaint of the applicant-petitioner to the Municipal Council, Narnaul for initiation of necessary action. It is on the basis of the complaint sent by the applicant- petitioner that the Municipal Council, Narnaul issued a notice dated 28-2- 2000 under Section 181 of the Act to the plaintiff-respondent No. 1 directing her to remove the illegal and unauthorised encroachment. The application filed by the applicant-petitioner under Order 1, Rule 10 of the Code has been dismissed by the Civil Judge by recording the following order:-