CHANDRABHAN PANDEY Vs. GANGA & ORS

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) By the impugned order dated 14.03.2011, the learned trial court has rejected the application filed by the petitioner-plaintiff under Order 1 Rule 10 CPC seeking to bring on record the persons, namely, Dhanraj S/o Shrilal and Bajrang Lal S/o Tola Ram, who allegedly were claiming right under a "Will" executed by the original defendant- Bakka Devi. By order dated 21.05.2007, the learned trial court has rejected application filed under Order 22 Rule 4 CPC in respect of same persons holding that the names of other defendants along-with Bakka Devi, Mr. Shrilal be deleted from the array of defendants while defendants' application that suit has abated was also rejected.

(3.) The learned trial court by that time vide order dated 21.05.2007 has also observed that right to sue against differentpersons will survive with the plaintiff, however, instead of filing a fresh suit, the plaintiff-petitioner again filed this application under Order 1 Rule 10 CPC seeking to bring on record these persons, namely, Dhanraj and Bajrang Lal etc. in the present suit as defendants. However, the said application has been rejected by the impugned order dated 14.03.2011 in the light of previous order dated 21.05.2007, which was never challenged by the petitioner.