GULSHAN KUMAR DATTA Vs. JASBIR NAYYAR AND ANR.

JUDGEMENT

(1.) JASBIR Nayyar plaintiff -respondent No. 1 filed a suit in the trial Court at Jalandhar for permanent injunction restraining the Municipal Corporation, defendant -respondent No. 2 from interfering in any way in his possession of house No. H -180, situated in Maqdumpura Jalandhar, the boundaries of which were described in the head note of the plaint.

(2.) THE petitioner filed an application under Order 1 Rule 10 of Code of Civil Procedure for being impleaded as a defendant to the suit. He stated that he is the owner in possession of house No. E.S.190, Maqdumpura, Jalandhar. There is a municipal street in front of his house for ingress and egress to the house. Inadvertently a part of the said municipal street was assigned evacuee property No. 180 measuring 29 square yards and 29 square feet by the Rehabilitation. Department, and was erroneously allotted to respondent No. 1 on December 13, 1984 for Rs. 4000/ -. The bid in favour of respondent No. 1 was, however, not confirmed by the Sub -Divisional Officer (Civil) -cum -Settlement Commissioner. He, thus, pleaded that respondent No. 1 had no right, title or interest therein. He further complained that respondent No. 1 by mis -representation had obtained an interim injunction in the suit regarding the said part of the street. He further started that he shall supply valuable information/evidence for proper and effective adjudication of the suit. He added that his interests shall be affected and, therefore, he is a proper party to the suit and should be impleaded as such. This application has, however, been dismissed by the Learned trial Court vide its order dated July 28, 1987. The petitioner being aggrieved against the same has filed the present revision petition.

(3.) I , therefore, allow this revision petition, set aside the order of the trial court dated July 28, 1987 and order that the petitioner be impleaded as a defendant to the suit. I, however, leave the parties to bear their own costs. The parties, through their counsel, are directed to appear before the Learned trial court on October 12, 1988.