LAWS(RAJ)-2009-3-65

MOHD. YUSUF Vs. JODHPUR VIDHYUT VITRAN NIGAM LTD.

Decided On March 27, 2009
MOHD. YUSUF Appellant
V/S
JODHPUR VIDHYUT VITRAN NIGAM LTD. Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner.

(2.) THE petitioner is aggrieved against the order of the trial Court dt. 13.02.2009 whereby the trial Court allowed the applicant's -resopndent's application for being impleaded as party.

(3.) IT is submitted by learned Counsel for the plaintiff -petitioner that the present plaintiff -petitioner also filed a suit for declaration wherein the applicant is party impleaded by the plaintiff himself. Only limited argument is that in a suit for injunction against the Electricity Board against disconnection of the supply, how the applicant can be a necessary party against which no relief has been claimed by the plaintiff nor the applicant can resist the connection of the plaintiff. The contention of learned Counsel for the petitioner is that the petitioner is in possession of the property since before the allotment of the land to the applicant.