Rajendra Mishra Vs Ajay Singh Thakur And Ors

Chhattisgarh High Court 3 Sep 2019 WP227 No. 672 Of 2019
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

WP227 No. 672 Of 2019

Hon'ble Bench

Sanjay K. Agrawal, J

Advocates

Swajeet Singh Ubeja, Akash Pandey

Final Decision

Dismissed

Acts Referred

Code Of Civil Procedure 1908 — Section 151, Order 1 Rule 10#Constitution Of India, 1950 — Article 227

Judgement Text

Translate:

Sanjay K. Agrawal, J

1. By the impugned order dated 17/05/2019, the application filed by the petitioner/defendant No. 7 under Order 1 Rule 10 read with Section 151 of the

CPC for impleadment of parties (proposed defendants No. 8 to 38) has been rejected by learned 2 nd Civil Judge Class II, Bilaspur against which this

writ petition under Article 227 of the Constitution of India has been preferred by him.

2. Learned counsel for the petitioner/defendant No. 7 would submit that proposed defendants No. 8 to 38 are necessary parties and they ought to have

been impleaded as defendants in the civil suit in which he has filed counter claim.

3. I have heard learned counsel for the petitioner at length and perused the records thoughtfully.

4. Learned trial Court has clearly recorded a finding that proposed defendants No. 8 to 38 are not necessary parties and has assigned sufficient and

valid reasons for their non-impleadment in the civil suit, and has further held that co-defendant cannot file counter claim against another co-defendant.

The above-stated finding recorded by the trial Court is a finding of fact based on evidence available on record which is neither perverse nor contrary

to record.

5. The writ petition deserves to be and is accordingly dismissed. No cost(s).

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