(1.) Heard learned counsel for the petitioner.
(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 19.11.2018 passed by the learned Subordinate Judge-VII, Saran at Chapra, whereby the application dated 20.02.2018 filed by the petitioner under Order-1, Rule-10(2) of the Code of Civil Procedure has been rejected.
(3.) It is submitted by the learned counsel for the petitioner that the order impugned passed by the trial Court is erroneous. It has failed to appreciate that the petitioner is a necessary party and has been deliberately not impleaded as party by the plaintiff. He contended that while exercising the powers conferred under Order-1, Rule-10(2) of the Code of Civil Procedure, the trial Court was required to appreciate as to whether the presence of the petitioner before the Court is necessary in order to enable the Court effectually and completely to adjudicate upon and settled all the questions involved in the suit.