GIRRAJ VIDYA MANDIR SAMITI, DEEG Vs. CIVIL JUDGE

JUDGEMENT

(1.) BY way of this petition, a challenge has been made to the order dated 1st October, 2010 passed by the Civil Judge (Jr. Division), Deeg whereby an application under Order 1 Rule 10 read with Section 141 and 151 of CPC moved by the petitioner Girraj Vidya Mandir Samiti, Deeg for impleadment as party to the suit no. 74/2009 titled as Bhagwan Singh versus Ishwar Dayal has been dismissed.

(2.) HEARD the learned counsel for the parties and perused the petition including the impugned order.

(3.) ORDER 1 Rule 10(2) of CPC provides that the court may join any person in the suit before it whose presence may be necessary to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit. It is evident that when the suit laid by the plaintiff Bhagwan Singh relates to property of the petitioner Girraj Vidya Mandir Samiti, Deeg, the said Samiti ought to have been impleaded as a party to the suit to ensure that the issues in the suit for injunction are effectually and completely adjudicated.