LAWS(RAJ)-2010-12-68

SMT. SHAKUNTALA DEVI AND ANR. Vs. THE RENT TRIBUNAL (NEWLY CONSTITUTED) AND ADDITIONAL CIVIL JUDGE (SR. DIV.) AND ORS.

Decided On December 22, 2010
Smt. Shakuntala Devi and Anr. Appellant
V/S
The Rent Tribunal (Newly Constituted) And Additional Civil Judge (Sr. Div.) And Ors. Respondents

JUDGEMENT

(1.) By this writ petition, a challenge has been made to the order dated 06.10.2010 whereby application moved by Petitioner under Order 1 Rule 10 of Code of Civil Procedure was dismissed.

(2.) Learned Counsel for Petitioner submits that Respondent made an application for seeking eviction against non -Petitioner Nos. 3 and 4. The Petitioner herein also preferred an application for eviction against the same non -Petitioners. Since, the matter was settled between the Petitioner and the non -Petitioner Nos. 3 and 4, property was evicted and given to the Petitioners. The application for eviction so moved by Petitioner stood disposed of accordingly.

(3.) Petitioner thereupon made an application under Order 1 Rule 10 of Code of Civil Procedure to seek their impleadment in pending application for eviction made by the non -Petitioner No. 2. The application aforesaid has been dismissed. It is stated that since, other application for eviction filed by Petitioner has already been granted, he is a necessary party in application moved by non -Petitioner No. 2.