KUSUM YADAV Vs. SANJEEV GUPTA & ORS

JUDGEMENT

(1.) In pursuance of the public notice issued by this Court inviting litigants to come and argue their case, in absence of their counsel, Mr. Hemendra Yadav, brother of petitioner, and Dr. Sanjeev Gupta, the respondent No.1, have appeared before this Court.

(2.) The petitioner has challenged the order dated 22.3.2014 passed by the Additional Civil Judge (J.D.) and Metropolitan Magistrate No.2, Jaipur Metropolitan, whereby the learned Magistrate has allowed an application under Order 1 Rule 10 CPC filed by the respondent No.1, Dr. Sanjeev Gupta.

(3.) Mr. Hemendra Yadav, the brother of the petitioner, has pleaded that the petitioner had filed a suit for perpetual injunction against PHED Department, as the Department had constructed a bore-well, right in front of the maingate of the petitioner's house. During the course of trial, the respondent No.1 filed an application under Order 1 Rule 10 CPC, wherein he claimed that the bore-well was constructed at the behest of Bapu Nagar Vikas Samiti. He claimed that he was the Chairman of the said Samiti. Therefore, he should be impleaded as a party respondent and an opportunity of hearing should be given to him while deciding the civil suit.