LAXMI NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed by the petitioners assailing the order dtd. 5/1/2026 (Annex.7) passed by the Gram Nyayalaya, Hanumangarh in Civil Original Suit No.41/2005, whereby while allowing application under Order 1 Rule 10 of CPC, respondent No.4 has been impleaded as a party defendant in the suit.

(2.) Heard learned counsel for the parties.

(3.) Learned counsel for the petitioners submits that, after receiving notice from the Water Resources/Irrigation Department for removal of encroachment, the petitioners preferred a suit for injunction against the said department for restraining them from demolishing dhani constructed on disputed land and changing position of site. He further submits that, during the pendency of the suit, respondent No. 4 preferred an application under Order 1 Rule 10 CPC seeking to implead himself as a necessary party. While considering the said application, the learned trial Court has categorically observed that merely on the basis of the assertion that respondent No. 4 is using the water course for irrigation purposes and the way, he cannot be treated as a necessary or proper party. However, the learned trial Court has proceeded to allow the application only on the ground that, at the instance of respondent No.4, the Irrigation Department had issued notice to the petitioners for removal of encroachment and therefore, impleaded him as a party to the suit.