DEEPAK JAIN Vs. MUNICIPAL COUNCIL, JIND

JUDGEMENT

(1.) Plaintiff No. 2 has filed this revision petition under Section 115 of the Code of Civil Procedure (in short - "C.P.C."), assailing order dated 23.08.2013 (Annexure P-1), passed by the trial court, thereby allowing application filed by Atul Kumar-respondent No. 3 under Order 1 Rule 10 C.P.C. for impleading him as party to the suit, which has been instituted by petitioner and respondents No. 4 and 5 as plaintiffs against respondents No. 1 and 2-Municipal Council and its Executive Officer as defendants No. 1 and 2 respectively. In the suit, the plaintiffs have challenged notice issued by defendants for demolition of the disputed building on the ground of being unsafe. Respondent No. 3 alleged in his application that being landlord of the disputed building, wherein plaintiffs are tenants, respondent No. 3-applicant is necessary party to the suit.

(2.) Plaintiffs opposed the application filed by respondent No. 3 and denied the averments made therein.

(3.) Learned trial court, vide impugned order (Annexure P-1), has allowed application filed by respondent No. 3 and has ordered his impleadment as defendant No. 3 to the suit. Feeling aggrieved, plaintiff No. 2 has filed this revision petition to assail the said order.