KHEMCHAND Vs. SOMWARIYA

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the order dt. 21.02.2013 passed by the learned Additional Civil Judge (JD) and Judicial Magistrate, Hindaun City, whereby the application filed by the petitioner under Order 1 Rule 10 read with Section 151 CPC for impleading the Nagar Palika, Hindaun City as party respondent No. 3 through Executive Officer was rejected. Learned counsel for the petitioner submits that the dispute is with regard to a road which has been encroached by the respondents. When it is a public road, it could not have been encroached by the respondents. He further submits that by not impleading Nagar Palika, Hinduaun City, rather the Court would be resisting in deciding real controversy and Nagar Palika would furnish proper factual aspect of the matter and also the background as to whether the road has been encroached by the respondents or not, therefore, the trial Court was not at all justified in holding that Nagar Palika is not a necessary party and rejected the application. He further submits that there is no harm to the respondents if Nagar Palika is impleaded as party respondent No. 3 and accordingly prays that the trial Court may be directed to implead the Nagar Palika as respondent No. 3 to the suit.

(2.) ON the other hand, learned counsel for the respondents submits that the trial Court was justified in rejecting the application as there is no encroachment by the respondents on the road in dispute and it can otherwise be proved by leading evidence before the trial Court.

(3.) ACCORDINGLY , the impugned order passed by the trial Court dt. 21.2.2013 is quashed and set -aside. The trial Court is directed to implead the Nagar Palika, Hindaun City, as party respondent No. 3 to the suit and decide the suit in question finally and expeditiously. With the aforesaid directions, the writ petition and stay application is disposed of.