SHRIRAM Vs. SARVAN AND ORS

JUDGEMENT

(1.) By way of the instant writ petition the petitioner has beseeched to quash and set aside the order dated 21st April, 2011, whereby the learned Civil Judge Thanagaji, District Alwar allowed the application of respondent Nos.1 & 2 filed under Order 1 Rule 10 of CPC with regard to the impleadment, as party defendants in the suit.

(2.) Having heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned order, it is noticed that the petitioner-plaintiff filed one civil suit for permanent injunction and mandatory injunction against respondent No.3-Assistant Engineer, JVVNL, Thanagaji, Alwar. During the pendency of the suit respondent Nos.1 & 2 filed an application under Order 1 Rule 10 of CPC, imploring the Court to implead them as party defendants, as the land whereupon the plaintiff-petitioner wanted electricity connection for agricultural purposes, was in dispute and the cases were already pending between them before the Board of Revenue, Ajmer. The learned trial Court having heard both the parties allowed the application vide order dated 21st April, 2011, which has been impugned in the instant petition.

(3.) Learned counsel for the petitioner canvassed that he has not sought any relief against respondent Nos.1 & 2 and it is for the petitioner to decide as to whether he intend to implead any person to be a party in the suit or not. In case, he does not implead any person to be a party to the suit and he or she is the necessary and proper party in the suit, the suit shall not survive and it will fail, but the plaintiff-petitioner cannot be forced or compelled to implead any person to be a party in the suit.