RAMESHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present civil writ petition has been filed challenging the order dtd. 10/7/2024 passed by the Civil Judge (Senior Division), Nawa City, District Nagaur in Civil Original Suit No. 48/2019 (Pradeep Kumar and Ors. v. State and Ors.), whereby the application filed by the petitioner under Order I Rule 10 of CPC seeking impleadment of certain trustees of Shri Mahasukh Biyani Trust as party defendants, was rejected.

(2.) Learned counsel for the petitioner submits that the petitioner instituted a civil suit seeking permanent and mandatory injunction and claiming easementary rights against the State of Rajasthan and respondent No.4. It is contended that after filing of the suit, it came to the knowledge of the petitioner that the disputed property stood recorded in the name of Shri Mahasukh Biyani Trust and was being managed by several trustees as caretakers.

(3.) It is further submitted that in the written statement filed by the respondent - State, an objection was raised regarding non-joinder of all khatedars. Upon obtaining the revenue records, the petitioner came to know that names of thirteen trustees were recorded in the jamabandi as caretakers of the trust property. Accordingly, the petitioner moved an application under Order I Rule 10 of CPC seeking their impleadment on the ground that their presence was necessary for effective adjudication of the suit.