RAMESH CHAND Vs. YOGESH KUMAR

JUDGEMENT

(1.) The petitioner is aggrieved by order dated 30.1.2014 passed by Additional District and Sessions Judge No.1, Alwar, whereby an application filed by the petitioner under Order 1, Rule 10 CPC read with Section 151 for impleading the State through the Public Works Department as a party was dismissed.

(2.) The brief facts of the case are that the respondent-plaintiff, Yogesh Kumar, had filed a suit for injunction against the petitioner wherein he had claimed that the plot in dispute was bought by him on 24.8.1979 from one Savitri Devi. According to him, the petitioner's plot was situated on the north-eastern side of his plot. However, when the petitioner started encroaching upon his plot, and tried to create a passage way, the suit was filed. The petitioner, as defendant, filed his written statement. According to him Savitri Devi had no authority to sell the plot in dispute as the land belonged to the State in general, and to the PWD in particular. According to him, the said land was recorded as gair mumkin land in the Revenue Records, and was said to be in the name of PWD. The petitioner also claimed that PWD was a necessary party. Since the respondent-plaintiff did not implead the PWD as a necessary party, the suit deserved to be dismissed for non-joinder of parties.

(3.) On the basis of the pleadings, the learned trial court framed six issues. After going through the oral and documentary evidence, by judgment and decree dated 13.3.2007 the learned trial court decreed the suit in favour of the respondent-plaintiff. Since the petitioner was aggrieved by the judgment and decree dated 13.3.2007, he filed an appeal before the learned Judge. During the pendency of the appeal, the petitioner submitted an application under Order 1, Rule 10 CPC for impleading PWD as party defendant. However, by order dated 30.1.2014, the learned Judge has dismissed the said application. Hence this petition before this Court.