Jalees Ahmed vs Akhtar

R.S. Chauhan, J.—In pursuance of the public notice issued by this Court inviting the litigants to appear before the Court in order to plead their case in the absence of their counsel, as the learned members of the Bar are on strike, Mr. Jalees Ahmed, the petitioner, and Mr. Mohd. Akhtar, respondent No. 1, appeared in person before this Court.

The petitioner has challenged the order dated 1.11.2013 passed by Addl. District Judge, Gangapur City, whereby an application filed by respondent-plaintiffs under Order 1, Rule 10 CPC for impleading the petitioner as a party in the civil suit has been allowed. Mr. Jalees Ahmed has pleaded that although he may have bought the property in dispute during the pendency of the suit, but he should not have been impleaded as a party. Therefore, the impugned order dated 1.11.2013 deserves to be set aside.

On the other hand, Mr. Mohd. Akhtar, respondent No. 1, has pleaded that it is in the interest of justice that the petitioner is being impleaded. After all, once he has bought the property in dispute, he too should be heard before a judgment is passed which may adversely affect his interest. Therefore, Mr. Mohd. Akhtar has supported the impugned order.

Heard both the parties, and perused the impugned order.

A bare perusal of the impugned order clearly reveals that admittedly the petitioner has bought part of the property in dispute. Since he has bought part of the property, his stand may throw light upon the issues involved in the case. Thus, he is a necessary party. Moreover, since the judgment and decree pronounced in the civil suit may adversely affect his rights and interest, he should be given an opportunity of hearing before passing any adverse judgment or decree. Hence, the learned judge was certainly justified in allowing the application under Order 1, Rule 10 CPC, and impleading the petitioner as party-respondent.

For the reasons stated above, this Court does not find any illegality or perversity in the impugned order. This petition being devoid of any merit is, hereby, dismissed. Consequently, the stay application, too, stands dismissed.