AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjay K. Agrawal, J
By the impugned order dated 07/06/2016, petitioners'/plaintiffs' application under Order 1 Rule 10 of CPC for impleadment of Bhagchand and Basantlal Tiwari as respondents in the civil suit has been rejected by learned 6th Civil Judge Class-I, Raipur against which this writ petition under Article 227 of the Constitution of India has been preferred by them.
Learned counsel for the petitioners/plaintiffs would submit that trial Court is absolutely unjustified in rejecting petitioners'/plaintiffs' application under Order 1 Rule 10 of CPC on untenable grounds.
I have heard learned counsel appearing for the petitioners at length.
Learned trial Court has clearly recorded the finding that both Bhagchand and Basantlal Tiwari have already died and as such, they cannot be impleaded as a party in the civil suit, which is strictly in accordance with law. I do not find any merit in this writ petition warranting interference under Article 227 of the Constitution of India.
The writ petition deserves to be and is accordingly dismissed. No order as to cost(s).