KANHAIYA LAL Vs. HIMMAT LAL

JUDGEMENT

(1.) THESE revisions by the petitioner Kanhaiyalal are directed against the order of the learned Munsif and Judicial Magistrate, First Class, Nathdwara dated 18 11 -1985, whereby, the petitioner Kanhaiyalal's application Under Order XXII, Rule 10, CPC was rejected and the application of Mst. Mangi Bai Under Order XXII, Rule 3, CPC and of Babulal (defendant) Under Order 1, Rule 10 CPC were allowed and both of them were plaintiffs in the suit.

(2.) IT is necessary to state a few relevant facts in order to correctly appreciate the controversy in the present revision petitions.

(3.) THE defendant Babulal submitted an application on 30 -9 -1983 Under Order 1, Rule 10 read with Section 151, CPC. He prayed for his transposition as plaintiff. It was alleged by him that he is a co -landlord along with Basantilal and as such he is entitled to be transposed as plaintiff in place of the deceased Mst. Tammu Bai.