BRIJENDRA SINGH Vs. INDIRA KUMARI

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Article 227 of the Constitution of India challenging the order dated 15.11.11 passed by the learned Addl. District & Sessions Judge (Fast Track) No. 2, Jaipur Mahanagar, Jaipur (hereinafter referred to as 'the trial court') in Civil Suit No. 353/09, whereby the trial court has dismissed the application of the petitioner filed under Order I Rule 10 of CPC for impleading the executor of the Will, as the party-defendant.

(2.) THE short facts giving rise to the present petition are that the respondent No.1 (original plaintiff) has filed the suit before the trial court against the present petitioner and the respondent No.3 (original-defendants) seeking dissolution of the partnership firm and for rendition of accounts. THE suit has been contested by the petitioner-defendant No.2 by filing written statement. During the pendency of the suit, the petitioner submitted an application under Order I Rule 10 of CPC for impleading the Raja Dhiraj, the executor of the Will dated 24.11.80 of Satya Prem Kumari as party-defendant in the said suit. THE said application has been dismissed by the trial court by the impugned order. Being aggrieved by the said order, the present petition invoking supervisory jurisdiction under Article 227 of the Constitution of India has been filed.