Jamna Das Vs Sanwar Mal

Rajasthan High Court 6 Dec 2013 Civil Writ Petition No. 10833/2013 (2013) 12 RAJ CK 0014
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Civil Writ Petition No. 10833/2013

Hon'ble Bench

Arun Kumar Mishra, J

Final Decision

Dismissed

Judgement Text

Translate:

Arun Bhansali, J.@mdashThis writ petition is directed against the order dt. 23.05.2013 passed by the trial Court, whereby the application filed by the petitioner under Order I, Rule 10 CPC has been rejected. The petitioner filed an application seeking impleadment as party in the suit filed by Sanwar Mal against Bhanwar Lal for eviction from the suit property claiming himself to be the landlord of the suit property. The application was filed by the petitioner claiming ownership rights in the suit property and therefore, impleadment as party to the said suit.

2. The trial Court by the impugned order came to the conclusion that the issue inter-se petitioner and Sanwar Mal cannot be examined in an eviction suit and consequently, rejected the said application.

3. The order passed by the trial Court is eminently just and proper in the facts and circumstances of the case as it is well settled that issue as to ownership of the suit property in an eviction suit is wholly alien. Consequently, there is no substance in the writ petition, the same is, therefore, dismissed. The stay application is also dismissed.

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