KHAYALI LAL TATER Vs. PAWAN DEVI DEVEN BAFNA

JUDGEMENT

(1.) Instant writ petition has been preferred against the order dated 05.01.2019, passed by learned Civil Judge & Judicial Magistrate, Marwar Junction, Pali (hereinafter referred to as the 'trial Court') vide which the petitioner's application dated 25.10.2018 filed under Order I Rule X read with Order VII Rule 1 of the Code of Civil Procedure, 1908 (in short 'the Code') has been rejected.

(2.) Succinctly stated the facts giving rise to the present writ petition are that plaintiff-Pawan (respondent No.1 herein) instituted a suit for injunction and cancellation of election of Acharya Shri Bhikshu Samadhi Sthal Sansthan (hereinafter referred to as 'the Society') held on 24.04.2018. While filing the suit the plaintiff had impleaded the 'Acharya Shri Bhikshu Samadhi Sthal Sansthan' as defendant No.1; Surendra Kumar Surana; the earlier President as defendant No.2; Loonkaran Chhajer and Hansraj Betala the Election Officers as defendants No.3 and 4 respectively and Khayali Lal Tater (present petitioner); the newly elected President in the contentious election, as defendant No.5.

(3.) To complete the narration of facts, it may be noticed that Nirmal Sri Srimal, who has been elected as Secretary was also impleaded as a party by the trial Court (respondent No.7 in the present writ petition). The petitioner, being defendant No.5 who had been elected President of the society filed the above referred application dated 25.10.2018, and contended that the plaintiff has impleaded Surendra Kumar Surana as a defendant though no relief against him has been claimed. It was also alleged that the plaintiff filed the present suit in collusion with defendant No.2, the erstwhile President so as to serve the cause of the plaintiff. While asserting that the suit in question suffered from misjoinder of parties, the petitioner in her application prayed that defendant No.2-Surendra Kumar Surana, be removed from array of defendants.