NAVEEN Vs. BHAGWANDAS AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dt 21.1.2015 passed by the trial Court, whereby the application filed by the petitioner under Order I, Rule 10 CPC seeking impleadment as party defendant in the suit has been rejected. It is submitted by learned counsel for the petitioner that against the order passed by the trial Court under Order XXXIX, Rule 1 & 2 CPC, appeal was filed wherein the petitioner has been impleaded as party by the appellate Court, despite that the trial Court has chosen to reject the application filed by the petitioner for impleadment as party defendant.

(2.) Further reference is made to the order passed by this Court in SBCWP No. 141/2015 decided on 25.2.2015, wherein considering the impleadment of the petitioner in the appeal, the order rejecting cross -objections by the appellate Court was set aside and the appellate Court was directed to decide the cross -objections on merits.

(3.) Learned counsel for the respondents submits that merely because the petitioner has been impleaded as party before the appellate Court in the proceedings arising out of Order XXXIX, Rule 1 & 2 CPC cannot be a reason enough for impleadment of the petitioner in the suit.