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Judgment
Heard.
The present petition is against the order dated 05.12.2017, whereby an application under Order 1 Rule 10 read with Section 151 of the CPC,
preferred by the plaintiff/respondent No.1 Swami Prem Swaroop to implead the petitioner as a party in the suit, has been dismissed.
Learned counsel for the petitioner would submit that an application was preferred by the plaintiff to implead the petitioner herein in the civil suit as
plaintiff as he was not able to prosecute the suit as he has become old and infirm. It is stated that therefore, the said application to implead the
petitioner as a plaintiff was necessary to continue the suit. He would further submit that the parties can always be impleaded in the suit under Order 1
Rule 10 CPC as the Section 151 CPC gives the inherent power to the Courts to implead any party in the suit. Therefore, he prays that the
Perusal of the plaint would show that neither the suit has been filed in a representative capacity nor any order exists on record to show that in the
suit permission to prosecute the same in representative capacity exist. Under the circumstances the plaintiff cannot be substituted by other one when
cause of action is said to be in personal. Furthermore, earlier application of similar nature having been dismissed in the year 2016 for two times, no
illegality can be attributed to the order impugned.
The petition has no merits. It is accordingly dismissed.