LAWS(P&H)-2012-12-14

KUSUM SARDHANA Vs. JAGAN NATH SHARMA

Decided On December 20, 2012
Kusum Sardhana Appellant
V/S
JAGAN NATH SHARMA Respondents

JUDGEMENT

(1.) ALLOWED as prayed for.

(2.) IN this revision petition filed by Kusum Sardhana under Article 227 of the Constitution of India, challenge is to order dated 19.7.2011 Annexure P/1 and order dated 21.7.2012, Annexure P/5 passed by the trial court thereby dismissing applications for impleading the petitioner (being transferee pendente lite) as party to the suit.

(3.) THE trial court in order Annexure P/1 observed that the petitioner could be impleaded as party to the suit either on her own application or on application moved by plaintiff but not on the basis of application moved by defendant no. 1. However, when immediately thereafter, the petitioner moved application Annexure P/3 for her impleadment, the said application has also been dismissed by the trial court vide order Annexure P/5.