Bhagwan Sahai vs Civil Judge (Jr. Division) and Judicial Magistrate, First Class, Rajgarh, Distt. Alwar and Others

Alok Sharma, J.—A challenge has been made in this petition to the order dt. 29.03.2012 whereby the learned Civil Judge (Jr. Division) and Judicial Magistrate, Rajgarh, District Alwar allowed an application under Order 1 Rule 10 of CPC filed by applicant Prabhu Dayal respondent No. 4 herein to be impleaded as party in suit laid by the petitioner plaintiff therein. I have heard the learned counsel for the petitioner and perused the petition including the impugned order.

Respondent No. 4 Prabhu Dayal moved an application under Order 1 Rule 10 of CPC before the learned trial Court to be impleaded as party in the suit on the ground that the suit laid by the petitioner in respect of his alleged ownership and possession over Khasra No. 305 in fact related to a public way over which the application had a right of way. It was stated that in the event suit were to be allowed, it would adversely affect the interest of the application, respondent No. 4 herein. In these circumstances, the learned trial Court exercising its discretion under Order 1 Rule 10 of CPC impleaded the applicant Prabhu Dayal as party in the petitioner''s suit. I find no error in the order dt. 29.03.2012. The impugned order is not vitiated by any perversity or by any misdirection in law. There is no force in the petition. As such, the petition is dismissed.