Daleshwar @ Dileshwar And Ors vs Ambika And Ors

Sanjay K. Agrawal, J

In civil suit No. 149A/2017 (Ambika Vs. Premlata & Ors.) pending before Civil Judge Class I, Surajpur since 2013, the petitioners herein moved an application under Order 1 rule 10 of the CPC stating inter alia that their impleadment as parties in the civil suit is necessary as their interest is likely to be affected by the outcome of the suit. Learned trial Court rejected the said application by order dated 24/05/2019 against which this writ petition under Article 227 of the Constitution of India has been preferred by the petitioners.

Mr. A.K. Prasad, learned counsel appearing for the petitioners submits that learned trial Court is absolutely unjustified in rejecting the application filed by the petitioners under Order 1 Rule 10 of the CPC as their interest is very much involved in the outcome of the civil suit.

I have heard learned counsel for the petitioners at length and perused the records.

The civil suit was filed by the plaintiff - Ambika in the year 2013 and it is at the stage of evidence. At this stage, the petitioners claimed to have interest in the suit property which learned trial Court has not found favour with, holding that their interest does not appear to be involved in the suit or in the outcome of the suit and thereby, rejected their application under Order 1 Rule 10 of the CPC for their impleadment as parties in the suit.

The finding recorded by learned trial Court that impleadment of the petitioners herein is not necessary as their interest does not appear to be involved in the outcome of the civil suit is not shown to be perverse or contrary to the record. Moreover, plaintiff being the dominus litus did not come up before the Court for impleading the petitioners herein stating that they are necessary parties in the suit. As such, I do not find any perversity or illegality warranting interference under Article 227 of the Constitution of India. However, looking to the fact that the suit is pending since 2013, learned trial Court is directed to hear and decide it expeditiously, preferably within a period of three months from the date of receipt of a copy of this order.

With the aforesaid direction, this writ petition stands disposed of. No order as to cost(s).

A copy of this order be sent to the concerned trial Court by e-mail/fax.