BRIJ NARAYAN SAINI Vs. JAI NARAYAN SAINI

JUDGEMENT

(1.) MR . Brij Narayan Saini has challenged the order dated 24.8.2013 passed by the Additional District Judge No. 1, Bundi whereby the learned Judge has rejected the application filed by him under Order 7 Rule 11 CPC.

(2.) THE brief facts of the case are that Jai Narayan Saini (the plaintiff/non -petitioner No. 1 before this court) had filed a suit for partition and for permanent injunction against his brother, Brij Narayan Saini (the petitioner before this court), against his father, Kanhaiya Lal, and against his uncle, Vijay Kishan.

(3.) SECONDLY , that the plaintiff and the petitioner have another brother, namely Satya Narayan, and a sister, namely Sushila. But neither of these two persons have been impleaded as defendant in the civil suit. Thus, the suit suffers from non -joinder of parties.