AJEET SINGH Vs. AAM JANTA KUCHAMAN CITY

JUDGEMENT

(1.) THIS writ petition is directed against order dt. 25.11.13 passed by the Additional District Judge, Parbatsar in Civil Original Suit No. 65/12, whereby an application preferred by the applicant -Anil Kumar, the respondent No. 13 herein, for impleading him as party plaintiff in the suit, stands allowed and he has been impleaded as party defendant No. 16 in the suit. The relevant facts are that the respondent No. 13 herein, preferred an application for impleading him as party plaintiff in the suit filed on behalf of the respondents No. 1 to 5 herein, under Order I Rule 8 of the Civil Procedure Code, 1908 ('CPC'). The impleadment was sought on behalf of the respondent -applicant stating that he is interested in the suit preferred questioning the legality of the patta of the disputed land and therefore, he may be impleaded as plaintiff in the suit filed in public interest.

(2.) LEARNED counsel for the petitioner contended that the trial Court has seriously erred in allowing the application preferred by the respondent -applicant without there being any averments in the application filed as to why he should be impleaded as party to the suit. Learned counsel submitted that non -speaking order passed by the Court below impleading the respondent -applicant as party defendant in the suit apparently suffers from non -application of mind and therefore, deserves to be set aside.

(3.) I have considered the rival submissions and perused the material on record.