MUNICIPAL CORPORATION Vs. BALINDER BACHAN SINGH

JUDGEMENT

(1.) DURING the pendency of appeal some of the inhabitants of locality where land in dispute is situated, filed an application under Order 1 Rule 10 CPC, which was ordered to be disposed of by the Court along with the appeal.

(2.) ACCORDING to the applicants they being inhabitants of the locality are vitally interested in the adjudication of the case and so come within the ambit of a necessary party and in any case a 'proper Party' and so their impleading will help the Court in determining the issues to be resolved by the Court.

(3.) HAYING heard the counsel for the parties, I am of the view that this application deserves to be dismissed as the applicants cannot be termed to be a 'necessary party' under Order 1 Rule 10 CPC. Applicants acquire any interest, if any, only when the disputed property is held as a 'park' and not otherwise. Such an application had earlier been dismissed by the trial Court as well. Accordingly, finding no merit in it, the same is dismissed.