BABU RAM Vs. SAJA DEVI

JUDGEMENT

(1.) BY this petition for writ a challenge is given to order dt. 13.09.2012 passed by District Judge, Sirohi accepting the application preferred under Order 1, Rule 10 read with Section 151 C.P.C. with a direction to implead Gram Sabha, Anadra as defendant No. 4. It is submitted by learned counsel for the petitioner that in the written statement submitted by petitioner -defendant an issue was framed as to whether any relief could be granted to the plaintiff in the absence of Gram Sabha, Anadra, therefore, its inclusion in the array of defendants shall frustrate adjudication of the issue concern. It is further submitted that no relief is claimed by the plaintiff against Gram Sabha, Anadra, therefore, that could not have been impleaded as party -respondent.

(2.) I do not find any merit in the argument advanced.

(3.) HAVING considered all aspects of the matter, I do not find any material illegality with the order impugned that may warrant interference of this Court while exercising powers under Art. 227 of the Constitution of India. The writ petition, therefore, is dismissed.