DHARAM CHAND Vs. KISHAN GOPAL

JUDGEMENT

(1.) This intra court appeal has been preferred as against the order dated 7.8.2006 passed in S.B. Civil Writ Petition No. 5071/2006 by Single Bench in the matter of interlocutory order dated 18/5/2006 passed by the Additional Civil Judge (Junior Division) No. 1, Bharatpur in Civil Suit No. 179/2005 allowing application under Order 1 Rule 10(2) Code of Code of Civil Procedure moved by the Respondent No. 1 for impleading as party to the suit.

(2.) The learned Single Judge has declined to make interference under Article 226 of the Constitution of India against the interlocutory order passed by the trial court.

(3.) In the instant case, we are of the opinion that the intra court appeal cannot be said to be maintainable as it arises out of an interim order passed by the civil court in a pending civil suit. The writ petition is maintainable against such a decision as no revision lies.