MANGAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision is directed against the order dated May 21, 1985 passed by the learned Munsif City, Jodhpur, whereby, the application filed by the respondent No. 3 Harisingh under O. 1, r. 10, C. P. C. was allowed.

(2.) THE facts may briefly be stated that the petitioner was the tenant of one Shri Shersingh, who had expired. THE respondent No. 3 is one of the sons of the deceased Shersingh. THE petitioner moved an application before the City Magistrate, Jodhpur for obtaining water connection but his application was rejected and his appeal was also dismissed by the District Magistrate, Jodhpur as the petitioner failed to produce no objection certificate from his landlord THEreafter, the petitioner filed the suit impleading the State of Rajasthan and Assistant Engineer (City Division-II), Water Works Department, Jodhpur as defendants. He also submitted an application on which amenity of water connection was restored. At that stage, the respondent No. 3 submitted an application under O. 1, r. 10, C. P. C. , which was allowed by the learned Munsif on the ground that for the proper and effective adjudication of the suit it is necessary to implead the respondent No. 3, he being one of the successors of the original landlord and it is in his presence this question can be examined as to whether the land-lord has got any objection in connection with obtaining of the amenity.