ANIL KUMAR SAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up on an application (27588/2010) under Order 1 Rule 10 CPC read with Article 226 of the Constitution of India for impleadment of the Assistant Provident Fund Commissioner, Employees' Provident Fund Organization, Kota as a party respondent to the petition.

(2.) The impleadment in a proceedings in Court is not a matter of choice or pleasure of the applicant. It is to be grounded on a foundation that one seeking impleadment in a pending litigation is either a necessary or proper party. Whether the applicant aforesaid is indeed a necessary or proper party in the present petition can be ascertained from the subject matter of the petition as evident from the reliefs prayed for therein. They read as under:-

(3.) Whatever the merits of the aforesaid prayers, the issue agitated in this petition is fundamentally with regard to the petitioner's ownership of the immovable property, details of which have been set out in the petition.