PUSHPA DEVI Vs. BIMLA DEVI

JUDGEMENT

(1.) The present writ petition has been preferred challenging the order dtd. 3/8/2018, by which the application under Order 1 Rule 10(2) read with Sec. 151 CPC preferred by the petitioner- applicant was dismissed.

(2.) Facts germane to the present writ petition are that states that respondent no. 2 - defendant had taken the suit-premises on rent only for a limited period, but the defendant has refused to vacate the same and has also not paid rent. Thus, the respondent no. 1 - plaintiff filed a suit for recovery of possession and arrears of rent since 22/9/2015 at the rate of Rs.2500.00 per month.

(3.) During the pendency of the suit, an application under Order 1 Rule 10(2) CPC was filed on behalf of the petitioner-applicant for impleadment as party-defendant in the suit. The petitoner contented that since she is the sole owner of the suit premises and is residing in the same along with her family, she is a necessary and proper party to the litigation.