SHAMBHU DAYAL SHARMA Vs. DEVI DAYAL SHARMA

JUDGEMENT

(1.) Instant writ petition has been preferred against the order dtd. 19/4/2021 passed by the Additional Civil Judge and Judicial Magistrate No.2, Alwar in Civil Suit No. 34/204/2017 title as Shambhu Dayal vs Devi Prasad. By the impugned order, the court below allowed the application filed by the applicant/defendant under Order 1 Rule 10 of CPC and ordered to implead Nagar Parishad, Alwar as party to the suit.

(2.) Counsel for the petitioner submits that Nagar Parishad, Alwar is neither necessary nor effected party in view of the issue involved in the suit and the prayer made therein and Nagar Parishad, Alwar has no role to play. He further submits that earlier defendant moved an application for summoning some documents from the Nagar Parishad, Alwar and the learned court below rejected the same vide order dtd. 7/1/2020 and therefore now at this stage, the application for impleadment of Nagar Parishad, Alwar is not tenable. Counsel relies upon the judgment of Hon'ble Supreme Court in the case of Sudhamayee Pattnaik and ors vs Bibhu Prasad Sahoo reported in 2022 LiveLaw (SC) 773 decided on 16/9/2022 to submit that no-one can be forced to join any person to a suit proceedings filed by him.

(3.) Per contra, counsel for the respondent submits that prayer of plaintiff-petitioner in the suit is in regard to construction made over the public way as admitted by the plaintiff in para-3 of the plaint. He further submits the court below has rightly appreciated the material available on record and passed order for impleadment of Nagar Parishad, Alwar as a party to the suit so that Nagar Parishad, Alwar may make clear the position in regard to the public way.