ABDUL AZIZ CHOUDHARY Vs. NISAR AHMED

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dtd. 10/3/2022 passed by learned Additional District Judge No.2, Jaipur Metropolitan-II in Civil Suit No.90/2021 (430/2021) whereby, an application filed by the applicant under Order 1 Rule 10 read with Sec. 151 CPC, has been dismissed.

(2.) The facts in brief are that the respondents no.1 and 2/plaintiffs filed a suit of partition and permanent injunction against the respondents no.3 to 6/defendants. During its pendency, the petitioner/applicant filed an application under Order 1 Rule 10 CPC stating therein that he has purchased a part of the subject property from the defendant no.4 through an agreement to sell dtd. 21/10/2020, a will and a power of attorney and hence, has an interest in the property. The application has been dismissed by learned trial Court vide its order dtd. 10/3/2022, which is subject matter of challenge.

(3.) Learned counsel for the petitioner submitted that since, he is a purchaser of a part of property, his presence is necessary for just and effective disposal of controversy involved in the suit and the learned trial Court erred in dismissing his application. He, in support of his submissions, relies upon a judgment of Hon'ble High Court of Delhi in case of Saurabh Buildcom Pvt.Ltd v. Aster Technologies Pvt. Ltd. and Ors.: .