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Parma Nand Pandey v. Sushil Kumar & Others - WRIT - C No. - 55476 of 2007 [2007] RD-AH 17683 (13 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dilip Gupta, J.

The plaintiff of Original Suit No. 8 of 2006 has filed this petition for setting aside the order dated 7.8.2007 passed by the learned Additional District Judge, Court No. 1, Jaunpur by which the Civil Revision, that had been filed for setting aside the order dated 12.1.2006 passed by the learned Civil Judge (Junior Division) in Original Suit No. 8 of 2006 was rejected.

In the Original Suit an application under Order 1 Rule 10 CPC was filed by Lal Mani seeking impleadment as a defendant in the suit. The said application was allowed by the order dated 12.1.2006. The Revision filed by the plaintiff against the said order was rejected by the order dated 7.8.2007.

The Courts below came to the conclusion that the presence of the applicant would be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit as he was claiming interest in the property in dispute.

Learned counsel for the petitioner has not been able to point out any infirmity in the order passed by the Court below which may warrant interference by this Court under Article 226/227 of the Constitution.

The writ petition is, accordingly, dismissed.

Dt/- 13.11.2007



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