KULWANT SINGH Vs. JASBIR SINGH & ORS.

JUDGEMENT

(1.) This revision is directed against the order dated 4.5.1993, by which the application of the petitioner for being impleaded as party-defendant in the suit No. 338/93, in Misc. Application No. 75/93, was rejected by the Addl. Munsif and Judicial Magistrate No. 1, Sriganganagar. Mr. S.N. Sharma, learned Counsel for the respondent pleads no instructions. Heard learned Counsel for the petitioner. Respondent No. 1 - Jasbirsingh, has filed a suit for permanent injunction for restraining the defendant-respondents No. 2 to 4 from implementing the order dated 15th April, 1993, concerning distribution of water, until 15th Oct., 1993. A temporary injunction to the same effect was also sought. The applicant moved an application for being impleaded as a party, inter alia, on the ground that the order dated 15th April, 1993 come into existence as a result of his application to the irrigator authorities. The trial Court has rejected the petitioner's application, only on the ground that the petitioner has failed to show that without being impleaded as a party, he cannot get the relief. In my opinion, the trial Court has committed serious illegality in its exercise of jurisdiction and has acted with material irregularity, in ignoring the well established principle for impleading a person as party in a pending suit. The very fact that the order, operation of which was sought to be stayed, came into existence as a result of proceedings initiated by the applicant, made him sufficiently interested in the lis, to be impleaded as a party, and, the fact that the applicant would otherwise get relief in a suit of this nature by filing a separate suit, is of little relevance. Moreover, this conclusion of the trial Court that the applicant could get relief otherwise, is also unfounded. Any interference with the order in dispute in the suit, will affect the petitioner's interest adversely and that makes him not only a proper party but a necessary party. The petition is accordingly allowed. The order dated 4.5.1993 is set aside and the application of the petitioner for being impleaded as party in Civil Suit No. 338/93 and Misc. Case No. 75/93, pending before Addl. Munsif and Judicial Magistrate No. 1, Sriganganagar, is allowed. There will be no order as to costs. Appeal allowed.