PEMA RAM Vs. LADHU RAM

JUDGEMENT

(1.) THIS revision is directed against the cider dated 19.9.1977 passed by the Additional District fudge No. 1, Jodhpur whereby the present petitioner's application dated 25 -10 -76 under Order 1, Rule 10 read with Section 151 CPC was rejected.

(2.) BRIEFLY , the facts are that the plaintiff Shri Ladu Ram instituted a suit against the Municipal Council, jodhpur and the Urban Improvement Trust, Jodhpur under Section 6 of the Specific Relief Act, 1963 in respect of the land measuring 1, 987 sq yds. It was alleged that the plaintiff was dispossessed from the disputed land on 15 5 -1975 by the Municipal Council, Jodhpur and the Urban Improvement Trust, Jodhpur is going to allot the lard to order persons. The present petitioners presented an application with allegations that they have been allotted the lard on 2 -2 -1976 and the price has been paid by them, and commercial licences have been issued to them and they were put into possession of the land. On these facts it was stated that they are necessary parties in the suit so they ma

(3.) THUS , this revision is allowed and the impugned order is set -aside and the ease is sent back to the Additional District Judge No. l jodhpur with the direction that he may dispose of the application after submission of the written statement by the Urban Improvement Trust and after production of documents by the parties if any and it would be open to tire present petitioners terabit any supplementary application and affidavit, if need be. It will al no be open to the parties serve interrogatories or to get the statements of the parties recorded under Order 1 Rule 10 CPC to clarify their respective stand's.