FARID KHAN Vs. LAXMAN AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dt. 16.12.2014 passed by the trial Court, whereby the application filed by the respondent No. 2 under Order I, Rule 10 CPC has been allowed. The petitioner filed a suit for permanent injunction against the respondent No. 1, inter alia, claiming himself to be the owner of the suit plot. The respondent No. 2 filed application, inter alia, on the ground that the plot of land in question has been allotted to the applicant and, therefore, it was a necessary party to the suit. Certain allegations were also made about the collusion between the petitioner and respondent No. 1.

(2.) The trial Court after hearing the parties, came to the conclusion that as the applicant had prima facie interest in the suit property and for the purpose of avoiding multiplicity of suits, it was justified to implead the said applicant as party defendant to the suit and allowed the application.

(3.) It is submitted by learned counsel for the petitioner that the trial Court was not justified in accepting the application filed by the respondent No. 2 and the order impugned deserves to be set aside. It is submitted that the suit was filed seeking permanent injunction against the defendant No. 1 only and no relief has been sought against the respondent No. 2 and, therefore, it cannot be said that the applicant was either necessary or a proper party to the suit.