RADHEYSHYAM GOYAL Vs. MAHAVEER & ORS

JUDGEMENT

(1.) This writ petition is directed against the order dated 11.12.2013 passed by the trial court, whereby the application filed by the respondent No.3 Subhash Goyal under Order I, Rule 10 CPC has been allowed and he has been ordered to be impleaded as party defendant to the suit. The petitioner-plaintiff filed a suit for permanent and perpetual injunction against one Mahaveer and the Municipal Council, Sriganganagar seeking restrain against them from raising construction next to the wall of the suit property, which admittedly is in possession of the petitioner.

(2.) A written statement was filed by Mahaveer disputing the averments made in the suit. Whereafter, the present application under Order I, Rule 10 CPC was filed by Subhash Goyal, who is nephew of the petitioner with the averments that two suits one filed by Radheyshyam seeking declaration regarding the ownership of the suit property and another suit filed by Smt. Godawari Devi and the applicant seeking partition of he suit property were pending consideration before the competent civil courts and therefore, the applicant was a necessary party to the suit.

(3.) The application was opposed by the petitioner. However, the trial court after hearing the parties came to the conclusion that on the material available on record, it was apparent that for adjudication of the issues involved in the suit the presence of the applicant - Subhash Goyal was necessary and consequently, allowed the application and directed his impleadment as defendant No.3.