RAJARAM Vs. CIVIL JUDGE AND OTHERS

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 24.3.2011, whereby the learned Civil Judge (Jr Division), Niwai, District Tonk allowed the application filed under Order 1 Rule 10 CPC and impleaded applicant Jagdish and others to be the party-defendants in the suit.

(2.) Having heard the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that plaintiff Rajaram filed a suit for permanent and mandatory injunction against Government Upper Primary School, Devpura through its Principal & Others. During the pendency of the suit, applicants Jagdish and others filed an application under Order 1 Rule 10 CPC for impleading them as a party-respondents. The learned trial court, vide its impugned order allowed the application and impleaded the applicants as a party-respondents.

(3.) Learned counsel for the plaintiff-petitioner canvassed that the plaintiff was a dominus-litus and he could not be asked to implead any person against whom no relief was sought by the plaintiff. As a matter of fact, the suit of the plaintiff was based upon his right of easement of way, which was personal relief and person evading the said rights were only affected parties. The learned trial court has committed error while impleading the applicants as a party-respondents, hence the impugned order needs to be set-aside and the writ petition deserves to be allowed.