RAJESH Vs. ABBAS ALI

JUDGEMENT

(1.) Though the matter has been listed in the fresh category, however, on the joint request of the parties, the matter is being heard today itself.

(2.) This writ petition has been filed under Article 226 and 227 of the Constitution Of India with the prayer to quash the impugned order dtd. 14/8/2023 (Annex.5) passed by the learned Additional District Judge No.1 Bhilwara in Civil Suit No.166/2022, whereby application preferred by third respondent under Order I Rule 10 CPC seeking her impleadment as party defendant in the suit has been allowed.

(3.) Brief facts of the case are that petitioners/plaintiffs filed a suit (Annex.1) against the respondent No.1 and 2/defendants before the learned District Judge, Bhilwara, which was registered as original Civil Suit 166/2022. The relief against respondent No. 1 and 2 was sought qua plot Nos. 93 and 94 situated at Shastrinagar near Badla Chauraha, Bhilwara. In the suit, it was inter-alia alleged that the undivided suit property is jointly held by the partnership firm M/s Moti Metal Industries, of which initially partners were S/Sh. Biharilal Pathak, Motilal and Banshilal Pathak. It was further alleged that Sh. Banshilal Pathak died and thus, his wife and son were introduced as partners and the petitioners are also the legal representatives of late Sh Banshilal Pathak.