DURGA KUMARI & ANR Vs. ADDL CIVIL JUDGE (JR DIVISION) & METROPOLITAN MAGISTRATE EAST, JAIPUR & ANR

JUDGEMENT

(1.) The petitioner-defendants are aggrieved by the order dated 1.3.2011 passed by the Additional Civil Judge (JD), Jaipur Metropolitan City, Jaipur, whereby the learned Magistrate has dismissed the application filed by the petitioner-defendants under Order 1, Rule 10 CPC for impleading Jaipur Development Authority as a party defendant to the suit.

(2.) The brief facts of the case are that the respondent-plaintiff filed a civil suit for permanent and mandatory injunction along with an application for temporary injunction against the petitioner-defendants with a prayer to restrain them from interfering in possession of the plot, use of the plot in dispute and further, not to interfere in raising of the construction on the plot. The respondent-plaintiff also prayed for mandatory injunction for removal of the obstruction on the Northern side of the disputed plot on the 30 feet wide road. The petitioner-defendants in their written statement denied parting of possession of the land to the Jaipur Development Authority and the land in dispute was also not sold to Railway-Mens Housing Cooperative Society Ltd. (hereinafter referred to as 'the Society' for short) and they were absolute owners of the land in dispute. However, the Society illegally submitted a plan to the Jaipur Development Authority, including the land of the petitioner-defendants. The application filed under Order 1 Rule 10 CPC was responded by a written reply by the respondent-plaintiff referring to the pleaded facts in the written statement of the petitioner-defendants with an additional plea to the effect that no relief was sought for against the Jaipur Development Authority by the respondent-plaintiff and the petitioner-defendants did not deny the fact that the details of plot as described under paragraph number 9, 10 and 11 of the written statement were shown to be of Anand Vihar Scheme .

(3.) Heard the learned counsel for the petitioners and perused the impugned order.