HARGOVIND NIRBHIK AND OTHERS Vs. UIT KOTA

JUDGEMENT

(1.) The petitioner-plaintiff (hereafter 'the plaintiff') is aggrieved of the order dated 2-3-2017 passed by Civil Judge (Junior Division) No.1 South Kota in civil suit No.157/2014 whereby the application under Order 1 Rule 10 CPC for impleading the respondent No.2 as defendant has been allowed.

(2.) Heard counsel for the plaintiff and perused the impugned order.

(3.) The impugned order indicates that the trial court has allowed the application under Order 1 Rule 10 CPC on the ground that the applicant from the material on record was found purchaser of the suit land on 7-2-2012 from one Satyendra Singh, who purchased the same from erstwhile khatedars Panabai and Mangilal on 26-9- 1991. On applicant's objection the plaintiff's patta dated 18-6-2013 was revoked on 2-9-2014 by UIT Kota with a direction to get decided the issue of ownership from the competent court. The trial court was therefore of the view that the applicant was entitled to be impleaded to enable it effectually and completely determine and settle all questions involved in the suit before it. I am of the considered view that in the facts obtaining the applicant definitely had interest in the suit property. The discretion exercised by the trial court in rendering its impugned order in the circumstances is well considered and based on plausible reason/s. It cannot thus be said to have been exercised illegally, perversely or capriciously.