MOHAMMAD MAQBOOL NATH Vs. MISRA BANO

JUDGEMENT

(1.) This revision petition is directed against the order dated 23.11.2019 passed by the learned 4th Additional District Judge (for short 'trial Court') Srinagar whereby the trial Court had allowed the application under Order 1 Rule 10 CPC filed by one Misra Banoo (respondent No.1 herein) for being impleaded as defendant in the suit.

(2.) It was stated by the applicant/respondent No.1 herein in the application aforesaid that she is the actual owner in possession of the suit property and the same has been gifted to her by her father by virtue of an oral gift. It was further stated that she is in lawful possession of the said property and is using the same for residential purpose.

(3.) The application was contested by the plaintiffs and respondent No.5 herein. It was stated that the applicant is neither a necessary nor a proper party in the suit. It was further stated that the applicant has no right on the suit property and has no locus to file any application for arraying her as party respondent in the suit.