DEVKI DURRANI Vs. AB RASHID BAKSHI

JUDGEMENT

(1.) THIS revision is directed against -the order dated 23 -6 -1978 of the District Judge, Srinagar, dismissing the application of the petitioners under Order 41 R. 2 of the Code of Civil Procedure.

(2.) BRIEFLY speaking the facts of the case are that Abdul Rashid the respondent brought a suit for ejectment in respect of the suit premises against the three defendants namely Smt. Devki Durrani, Smt. Brij Mohani Durrani and Sh. Brij Lal Durrani describing them as his tenants. That suit has been decreed by the trial court. Against the judgment and decree of the trial court an appeal has been filed which is pending in the court of the District Judge, Srinagar. During the pendency of the appeal an application under order 41 R. 2 C. P. C. was filed by Shrimati Devki Durrani and Shrimati Brij Mohani Durrani in which they sought leave to raise additional grounds in the memo of appeal. The grounds sought to be raised are as follows: -

(3.) THE appellants also sought permission to implead Shri B. L. Durrani as respondent in the memo of appeal as according to them he was not a party to the appeal but being a party to the decision given by the trial court, he was a necessary party and therefore it was necessary to implead him as respondent.