MOOL CHAND Vs. GEETA DEVI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 29.01.2020 passed by the trial court, whereby the application filed by petitioner under Order I, Rule 10 CPC, has been rejected.

(2.) The respondents No. 1 to 3 plaintiffs filed a suit for partition of a house property. The suit was filed against mother-in-law of respondents No.1 with the submissions that the plaintiffs had half share in the suit property. The suit remained pending for over 11 years; whereafter the present application was filed by the petitioner, husband of the sole-defendant seeking impleadment as party-defendant to the suit with the submissions that the property in question belongs to him and that the defendant-Kalawati and his son Kailash were Benami owners.

(3.) The application was contested by the plaintiffs. The trial court came to the conclusion that the matter was fixed for final arguments; as the same was 11 years old and apparently the application has been filed for delaying the proceedings; the applicant is well aware of the pending suit and based on the said determination, rejected the application with a cost of Rs.1,000/-.