VEENA GUPTA Vs. KANWAR SURINDER SINGH

JUDGEMENT

(1.) By a consent order dated 27.12.2010, passed by the learned trial Court, in an application under Order 22 Rule 10, Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (in short 'CPC'), the petitioner herein, Smt. Veena Gupta was brought on record as a co-defendant, pursuant to acquisition of the respective interests of the original defendants, Babar Jang Singh and Tika Uday Singh in the disputed property. Thereafter, she moved an application under Section 151 CPC with the following prayers:--

(2.) In view of the above, the impugned order dated 12.1.2011 cannot be sustained and is accordingly set aside and the matter is remitted to the learned trial Court for re-consideration of the aforesaid application and proceed further in the matter un-influenced by the earlier order dated 12.1.2011, which stands set aside in terms of this judgment and taking into consideration the legal position enunciated by the Hon'ble Supreme Court in (1) Government of Orissa v. Ashok Transport Agency and others, 2005 1 SCC 536, wherein, vide para-11 of the report, it has been laid down as under:--