LAWS(RAJ)-2012-11-22

NAJMA Vs. CIVIL JUDGE

Decided On November 22, 2012
NAJMA Appellant
V/S
CIVIL JUDGE Respondents

JUDGEMENT

(1.) THIS petition has been filed against the order dated 1st August, 2012 passed by the Civil Judge (Jr. Division) and Judicial Magistrate, First Class, Dholpur dismissing an application under Order 1 Rule 10 of CPC filed by the petitioner.

(2.) THE facts of the case are that one Pappu respondent no.2 herein filed a suit before the trial court as plaintiff against the Nagar Palika Mandal, Dholpur in respect of a parcel of land stating that the Nagar Palika had issued a notice for his dispossession. On the plaintiff's suit, Nagar Palika filed written statement and in the impugned order the learned trial court has recorded the factum that the suit is pending at final stage. At this stage, the applicant (petitioner herein) moved an application under Order 1 Rule 10 of CPC for impleadment as party in the said suit stating that plot in respect of which the suit had been laid by the plaintiff was in her ownership.

(3.) HEARD the learned counsel for the petitioner and perused petition including the impugned order.