DHARAM DUTT SHARMA Vs. KRISHAN KUMAR AND OTHERS

JUDGEMENT

(1.) Dr. Dharam Dutt Sharma has filed this revision petition under Article 227 of the Constitution of India impugning order dated 16.5.2012 Annexure P/9 passed by trial court thereby dismissing application Annexure P/7 filed by the petitioner under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure (in short, CPC) for impleading the petitioner as party to the suit which has been instituted by respondents no. 1 and 2/plaintiffs against respondents no. 3 to 5 as defendants.

(2.) Plaintiffs are allottees of residential plots in Sunder Nagar, Hisar floated by defendant no. 1 Cooperative House Building Society. The grievance of the plaintiffs in the suit is that defendant no. 1-Society has carved out plots in the park of the locality. Plaintiffs accordingly sought permanent injunction restraining defendants from raising any construction in the park and from changing the nature thereof.

(3.) Petitioner in his application Annexure P/7 alleged that a plot was allotted to him in the same locality being Member of defendant no. 1- Society but since high voltage tension electricity wires were passing through the said plot, on the request of petitioner another plot carved out in the alleged park was allotted to the petitioner. Consequently, the petitioner claimed necessary party to the suit because result of the suit would effect petitioner also.