HEERALAL SAINI Vs. ADDL. CIVIL JUDGE

JUDGEMENT

(1.) THE petitioner-applicant by way of present petition filed under Article 227 of the Constitution of India has challenged the order dated 1.8.2012 passed by the Addl. Civil Judge (JD) No.3, Jaipur Metropolitan, Jaipur (hereinafter referred as the "trial court ") in Civil Suit No. 15 of 2011, whereby the application of the petitioner for impleading him as party defendant in the suit filed by the respondent no.2-plaintiff against the respondent No.3-defendant has been rejected.

(2.) IT has been sought to be submitted by learned counsel Mr. Saransh Saini for the petitioner-applicant that the respondent No.2-plaintiff had made encroachment on the public way and had also put up construction in the way through which the petitioner had to pass for going to his property and now the plaintiff has filed the suit seeking injunction against the respondent No.3 Municipal Board for restraining it from taking any action against the plaintiff in respect of the said illegal encroachment. According to the learned counsel for the petitioner, any order passed in the suit would affect the right of the petitioner and therefore the petitioner is a necessary party in the suit.

(3.) LEARNED counsel Mr. Saransh Saini for the petitioner has failed to point out any illegality or perversity in the impugned order. Under the circumstances, the present petition does not deserve consideration and the same deserves to be dismissed and is dismissed in limine.