SUNIL KUMAR Vs. DINA NATH AND OTHERS

JUDGEMENT

(1.) By way of this petition, the petitioner herein has laid challenge to order dated 16.8.2017 passed by the learned trial court on an application filed before it by the present petitioner under Order Order 1 Rule 10 read with Sec. 151 of CPC, whereby the request of the present petitioner to implead one Ajay Kumar, who earlier was plaintiff in the suit along with petitioner as defendant in the suit stands rejected.

(2.) Undisputed facts are that a suit stands filed against the present respondents/defendants in the Court of learned Senior Civil Judge Court No1, Una by the present petitioner, in which Ajay Kumar also was a plaintiff. Subsequently, on an application so filed by Ajay Kumar, he was permitted to withdraw as plaintiff from the suit. Following this order, present petitioner filed an application under Order 1 Rule 10 of CPC, praying therein that in view of the subsequent developments as Ajay Kumar had colluded with the defendants, therefore, he was a necessary party and he be impleaded as a proforma defendant. This prayer of the present petitioner has been rejected by the learned trial court, vide impugned order dated 16.8.2017.

(3.) I have heard learned counsel for the petitioner as also learned counsel for the respondents.