PADAM SAGAR SURI Vs. PRAYAG LAL RANA

JUDGEMENT

(1.) The plaintiff-opposite party No. 1 herein filed Partition Suit No. 61 of 1985 for partition of his half share in the properties detailed in Schedules A and B to the plaint against defendant No. 1. Opposite Party No. 2 herein. The petitioner was also impleaded as defendant No. 13 therein. It is true that with respect to certain dispute between the parties referred to in the Arbitration agreement dated 27.7.1983, the petitioner was appointed as sole arbitrator and he gave his award. A reference of the said award has been made in paragraph-9 of the plaint, but neither the said award has been challenged, nor any relief has been claimed against the petitioner in the suit. The petitioner is a Jain Sadhu. He is neither a co-sharer of the opposite party No. 1 nor belongs to his family, nor he is a purchaser nor interested in any of the suit properties.

(2.) After receiving summons, the petitioner appeared in the suit and filed written statement, stating therein that he was not interested in the suit properties and the award given by him has already been made Rule of the Court. It was, therefore, prayed therein that his name be stuck off from the suit.

(3.) Thereafter on 26.9.1992, the petitioner filed a separate petition under Order 1, Rule 10 (2) read with Section 151 of the Code of Civil Procedure for striking out his name from the category of the defendants, which has been rejected by the impugned order dated 29.8.1992.