MANDIR SATNARAYAN, VILLAGE TODA Vs. JASBIR SINGH

JUDGEMENT

(1.) Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside the impugned order dtd. 23/5/2022 (Annexure P-4), passed by the Civil Judge (Senior Division), Panchkula, vide which an application moved by the petitioner-mandir under Order 1 Rule 10 for being impleaded as a party to the suit in question, was dismissed.

(2.) Learned counsel for the petitioner submits that the impugned order is contrary to the settled principles of law and has been passed without appreciating the facts of the case in their right perspective. He submits that the trial Court ignored the fact that the petitioner is a necessary party for the just and effective adjudication of the suit in question, which had been instituted by respondent No.1-plaintiff.

(3.) Learned counsel argued that petitioner-Mandir abuts the road leading to village Toda from village Kakrali. In between the Mandir and said road, neither is there any shamlat land nor abadi land of village Toda. Thus, respondent No.1-plaintiff has illegally encroached upon the land belonging to the Public Works Department (hereinafter referred to as 'PWD') by placing his 'Khoka' between the petitioner-Mandir and the main road. He still further submits that shady and undesirable persons frequent the said 'khoka' and cause a great deal of hindrance to the devotees, who visit the Mandir to pay their obeisance. Therefore, since the rights and interests of the petitioner-Mandir and its devotees are intrinsically involved in the adjudication of the suit in question, the petitioner-Mandir deserved to be impleaded as a party to the suit.