VIDHYA NAND Vs. DHARAMVIR

JUDGEMENT

(1.) The challenge in the present petition is to the order dated 5.10.2013 whereby the application filed by the petitioner under Order 1 Rule 10 CPC to be impleaded as defendant in the appeal filed against the judgment and decree of the trial court whereby suit filed by the plaintiff has been decreed.

(2.) Mr. Naveen S Bhardwaj, learned counsel appearing on behalf of the petitioner submits that by virtue of a decree passed by the trial court which is under challenge by the defendants, its right and interest in the property has been affected as the revenue record has been directed to be corrected and after having acquired the knowledge that the appeal was pending, moved an application for impleadment. The lower appellate court has committed illegality and perversity in not accepting the application though a liberty to file a fresh suit has been granted, therefore the impugned order is not sustainable and is liable to be set aside.

(3.) Mr. R. A. Sheoran, learned counsel appearing on behalf of respondent No.1, 2 and 4 to 7 submits that the application under Order 1 Rule 10 at the appellate stage is not maintainable, as per the language under Order 1 Rule 10 CPC and rightly so the application has been dismissed.