KISHORE CHAND Vs. UIT, SRIGANGANAGAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners aggrieved against the order dated 12/4/2016 passed by the trial court, whereby, the application filed by the respondent Ved Prakash Joshi has been allowed and he has been impleaded as party defendant to the suit.

(2.) The petitioner filed a suit for permanent and mandatory injunction, issuance of Patta, removal of encroachment and for compensation against the State, Urban Improvement Trust and Ved Prakash Joshi, who were impleaded as defendant nos. 1 to

(3.) In the suit, reliefs were claimed against the defendant no.1 and 2 as well as defendant no.3. A written statement was filed by the defendant no. 2 and, thereafter, an application under Order XXIII, Rule 1 CPC was filed on 16/2/2014, which was only a one line application that the plaintiffs do not want to proceed in the suit against defendant no.3 and, therefore, his name may be deleted from the array of the parties. Thereafter, it appears that when the application came up before the court on 16/5/2014, oral prayer was made for deletion of name of defendant no.1 as well and trial court ordered for deletion of names of defendant no.1 i.e. State and defendant no.3 i.e. Ved Prakash Joshi. On the same day, after the order was passed for deletion of parties, an application was filed by Ved Prakash Joshi under Order I, Rule 10 CPC, seeking impleadment as party. No reply to the said application was filed by the petitioners -plaintiffs and the trial court after hearing the parties by its impugned order dated 12/4/2016 allowed the application and ordered for impleadment of Ved Prakash Joshi as defendant no.2.