Subhash Chand vs Hari Ram

Sat Pal, J.—This petition has been directed against the order dated 22.2.1996 passed by Additional Civil Judge (SD) Jhajjar. By this order the learned trial court has dismissed the application filed by the petitioner-applicant namely Subhash Chand under Order 1 Rule 10 CPC for getting himself impleaded as one of the co-respondents. Notice of this petition was issued to the respondent No. 1 only who is the landlord.

I have heard the learned counsel for the parties. In this case respondent No. 1 filed a suit for ejectment on 27.7.1995 against Prem Parkash who is real brother of the petitioner and is respondent No. 2 in this petition. Said Prem Parkash in his written statement took categorical stand that he was not a tenant in the suit premises and infact the suit premises were let out to his brother Subhash Chand (Petitioner herein). Immediately thereafter Subhash Chand filed an application under Order 1 Rule 10 CPC for getting himself impleaded as one of the defendants and this application was dismissed by the learned trial Court vide order dated 22.2.1996 which has been impugned in this petition.

From the facts stated herein above, it is clear that the petitioner even if is not a necessary party but he is a proper party for the proper adjudication of the case. Accordingly, the petition is allowed and the impugned order dated 22.2.96 passed by the learned trial court is set aside. Consequently, the application filed by the petitioner under Order 1 Rule 10 CPC before the learned trial Court is allowed and he is permitted to become a party in the suit. With this order, the petitioner stands disposed of.