SARITA KATARUKA Vs. JAI KISHORE NATH SHAHDEO

JUDGEMENT

(1.) FEELING dissatisfied and being aggrieved by an order dated April 21, 2009, passed by the Sub Judge -VII, Ranchi, on an application, preferred by the present petitioner under Order I Rule 10 of the Code of Civil Procedure (for joining party), in Title Suit No. 8 of 2003, this writ petition has been preferred by the petitioner under Article 227 of the Constitution of India.

(2.) HAVING heard learned counsels for both the sides and looking to the facts and circumstances of the case, I hereby quash and set aside the order impugned dated April 21, 2009, passed by the Sub Judge -VII, Ranchi, on an application, preferred by the present petition under Order I Rule 10 of the Code of Civil Procedure, in Title Suit No. 8 of 2003, for the following facts and reasons:

(3.) PRESENT petitioner ought to be joined as a party defendant in the suit. This aspect of the matter has also not been properly appreciated by the trial court, while rejecting the application of the present petitioner, preferred under Order I Rule 10 of the Code of Civil Procedure and, therefore also, the impugned order deserves to be quashed and set aside.