Hari Shankar Mishra & Another vs Civil Judge, (Junior Divisionjunior Division

Sudhir Agarwal, J.—Writ petition is directed against the order dated 6.8.2002 passed by Civil Judge (Junior Division), Court No. 1, in Misc. Case No. 11 of 1980 initiated by respondents no. 3 under Section 30 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as Act, 1972) wherein an amendment application was filed by Smt. Kamarunnisa, respondent no. 2 which was not objected by plaintiff, Manga), in the aforesaid Misc. Case and in the circumstances the Court below allowed the said impleadment application. The petitioner, who was defendant in the said Misc. Case, opposed the impleadment application on the ground that there is a title dispute between the petitioner and respondent no. 2 which is subject matter in Original Suit No. 335 of 1990 and therefore the impleadment of respondent no. 2 ought not to be allowed. The Court below has observed that mere impleadment in Misc. Case under Section, 30 of Act, 1972 does not amount to adjudication of title in respect to building in question. Moreover when applicant who has initiated the said proceedings has no objection in the impleadment, a defendant in that matter legally could not have raised such an objection. Sri P.K. Mishra, learned counsel for petitioner could not show to this Court as to how petitioner, in the aforesaid case had any legal or otherwise right to oppose impleadment of respondent no. 2 when it was not opposed by plaintiff/petitioner/applicant therein who initiated the said proceedings. I therefore find no reason to interfere.

Dismissed.