AMRIT LAL TAYA Vs. VISHWANATH

JUDGEMENT

(1.) In the above two writ petitions, order passed by the learned Addl. District Judge (Fast Tract) No. 5, Udaipur dated 15.3.2008 upon application filed under Order 1 Rule 10(2) of the Code of Civil Procedure in Civil Suit No. 16/82 is under challenge. For the sake of convenience, facts narrated in S.B. Civil Writ Petition No. 2191/2008 are taken into consideration.

(2.) Facts of the case speak that the petitioner-plaintiff preferred suit for specific performance of contract on 23.1.1982 before the District Judge, Udaipur and the said suit was filed against 5 defendants namely, (1) Vishwanath, (2) Mahaveer Prasad, (3) Sushil Kumar, (4) Krishan Kumar, and (5) Sevak Ram. During the course of trial, on behalf of defendant No. 2 Mahaveer Prasad, an application was filed by his counsel Shri Satya Narayan Gupta so as to implead Vijay Singh Jhala which is placed on record as Annex. 2.

(3.) The petitioner-plaintiff filed reply to the said application that he has no objection if Vijay Singh Jhala is arrayed as defendant.