TALIB HUSSAIN Vs. PEER AZHAR HUSSAIN

JUDGEMENT

(1.) The petitioner has filed this petition feeling aggrieved by the order dated 8-10-1997 passed by the learned Civil Judge (Jr. Div.), Jodhpur City in civil original suit No. 35/96 whereby the learned Civil Judge dismissed his application for being made a party in terms of the provisions contained in Order I, Rule 10, C.P.C.

(2.) I have heard Shri Sharma, learned counsel for the petitioner.

(3.) Relevant facts may be stated shortly as follows. The plaintiff filed a suit for ejectment and arrears of rent against three defendants with the averments that he let out the suit shop to defendant Abdul Jabbar by means of a written rent note dated 21-4-1962. The plaintiff alleged that defendant No. 1 sublet the above shop to the father of defendant No. 2 and thereafter defendants Nos. 1 and 2 in complicity sublet the above shop to defendant No. 3.