LAWS(RAJ)-2024-4-70

HARINARAYAN JAT Vs. SECRETARY, URBAN IMPROVEMENT TRUST

Decided On April 22, 2024
Harinarayan Jat Appellant
V/S
Secretary, Urban Improvement Trust Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed against the order dtd. 30/6/2023 passed by the learned Civil Judge (West), Bhilwara, whereby the application preferred by the petitioners under sub-sec. 1, 2 and 4 of Order 1 Rule 10 r/w Order 6 Rule 17 and Sec. 151 C.P.C. has been partly allowed.

(3.) Briefly noted the facts in the present case are that the petitioners preferred a suit for permanent injunction against the respondents (Annex.1). In the suit, the Urban Improvement Trust, Bhilwara and State of Rajasthan through Tehsildar were impleaded as party defendants. During the pendency of the suit, the petitioners preferred an application under sub-sec. 1, 2 and 4 of Order 1 Rule 10 r/w Order 6 Rule 17 and Sec. 151 C.P.C. for impleading the Commissioner, Municipal Council, Bhilwara as party defendant No.3. The learned trial court, vide order dtd. 30/6/2023, partly allowed the application preferred by the petitioners, however, the application under Order 6 Rule 17 CPC for amendment of the pleadings has partly been allowed. Hence, the present writ petition has been filed.