PUKHRAJ Vs. RATAN LAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal has been preferred against the order dated 21.10.2019 passed by the learned Additional District and Sessions Judge No.4, Bikaner in Civil Misc. Case No.154/2019 whereby the application preferred by respondent No.1 Ratanlal under Order 39 Rule 1 and 2 read with Section 151 CPC was allowed and directed Pukhraj (present appellant) and Bhanwar Lal (respondent No.2 herein) to open the locks of the suit property and allow the respondent Ratan Lal free access and use of the property in question.

(3.) Mr. S.L. Jain, learned counsel appearing for the appellant vehemently submits that the present appellant as well as the respondents Ratan Lal and Bhanwar Lal are the plaintiffs in the suit property, therefore, the application under Order 39 Rule 1 and 2 CPC preferred on behalf of one plaintiff i.e. Ratanlal against the co-plaintiff Pukhraj and Bhanwar Lal is not maintainable and no relief can be granted in the application so preferred in view of the provisions of Order 39 Rule 1 and 2 CPC.