KISHAN LAL Vs. KESARI LAL

JUDGEMENT

(1.) The instant petition under Article 227 of the Contitution of India has been filed by the plaintiff/petitioner assailing the order dated 17/01/2017 passed by the Senior Civil Judge, Keshavrai Patan, District Bundi (Rajasthan) in Civil Suit No. 16/2013 titled as Kishan Lal v. Kesari Lal, whereby the application filed by the non-petitioner No. 2 to 4 under Order 1 Rule 10 of CPC was allowed and they have been impleaded as defendants in the suit.

(2.) Skeletal material facts necessary for disposal of this petition are that the plaintiff/petitioner filed a civil suit against the defendant/respondent No. 1 for partition and permanent injunction stating therein that the suit properties mentioned in para No. 1 of the plaint, are undivided ancestral properties of the parties to the suit.

(3.) Thereafter, the respondent No. 2 to 4 filed separate applications under Order 1 Rule 10 of CPC stating therein that they are real sisters of the plaintiff and defendant, and are daughters of Late Bhanwar Lal, therefore, they also have a share in the property in dispute since birth. It is also stated that the suit has been filed in collusion, without impleading them as party to the suit, whereas, each of the applicant/respondents has ?th share in the property of their deceased father Bhanwar Lal, and prayed to implead them as party to the suit. In support of the applications, the applicant/respondents filed affidavits also.