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RAJENDRA KUMAR AND OTHERS versus TAREF SINGH DIED THRU' NARAIN DUTT SHARMA AND OTHERS

High Court of Judicature at Allahabad

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Rajendra Kumar And Others v. Taref Singh Died Thru' Narain Dutt Sharma And Others - WRIT - C No. 33735 of 2006 [2006] RD-AH 10803 (3 July 2006)

 

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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 23

Civil Misc. Writ Petition No. 33735 of 2006

Rajendera Kumar & others..................................................................Petitioners

Vs.

Taref Singh & others........................................................................Respondents

*******

Hon'ble Umeshwar Pandey, J.

Heard the learned counsel for the petitioners.

The petitioners challenge order of the revisional court dated 11.4.2005 whereby the trial court's order dated 14.12.2004 has been set aside and the revision has been allowed.

Petitioners' father was defendant in respondents' suit for permanent injunction. He was though not served with summons the suit was proceeding exparte against him. Thereafter the plaintiffs-respondents moved the trial court for deleting petitioners' father's name from the array of the parties. The petitioners meanwhile on the death of their father appeared before the trial court and moved application for being substituted at the place of their father which was allowed by the trial court. Against this order the plaintiffs went in revision and the revisional court allowed the same and the trial court's order directing the petitioners to be substituted at the place of their father, has been set aside.

The suit of the plaintiffs is for permanent injunction. If at any stage of the proceedings of the suit plaintiffs want for deleting the name of one of the defendants and does not propose to obtain such a decree against him, his prayer to this effect is not to b e rejected for the reasons that the said defendants or his heirs have insisted to remain as a party-defendant in the suit. It is, however, always open to a particular third party who may also to be the heirs of the defendants whose name has been deleted, to come before the court and move their prayer for being impleaded under Order 1 Rule 10 C.P.C. and if they are necessary or proper parties, the court will pass such direction as is required under the law. But the simple prayer on behalf of the petitioners' heir of deceased defendant who is sought to be deleted from the array of the parties for being substituted at his place will amount to compel the plaintiffs to prosecute the suit against the said party for the relief of permanent injunction. The order of the revisional court appears to be wholly correct and no interference in writ jurisdiction is called for.

The petition is hereby dismissed with the aforesaid observations.

03.07.2006

SUA/33735-06

Court No. 23

Civil Misc. Writ Petition No. 33736 of 2006

Rajendera Kumar & others..................................................................Petitioners

Vs.

Taref Singh & others........................................................................Respondents

*******

Hon'ble Umeshwar Pandey, J.

Heard the learned counsel for the petitioners.

The petitioners challenge order of the revisional court dated 11.4.2005 whereby the trial court's order dated 14.12.2004 has been set aside and the revision has been allowed.

Petitioners' father was defendant in respondents' suit for permanent injunction. He was though not served with summons the suit was proceeding exparte against him. Thereafter the plaintiffs-respondents moved the trial court for deleting petitioners' father's name from the array of the parties. The petitioners meanwhile on the death of their father appeared before the trial court and moved application for being substituted at the place of their father which was allowed by the trial court. Against this order the plaintiffs went in revision and the revisional court allowed the same and the trial court's order directing the petitioners to be substituted at the place of their father, has been set aside.

The suit of the plaintiffs is for permanent injunction. If at any stage of the proceedings of the suit plaintiffs want for deleting the name of one of the defendants and does not propose to obtain such a decree against him, his prayer to this effect is not to b e rejected for the reasons that the said defendants or his heirs have insisted to remain as a party-defendant in the suit. It is, however, always open to a particular third party who may also to be the heirs of the defendants whose name has been deleted, to come before the court and move their prayer for being impleaded under Order 1 Rule 10 C.P.C. and if they are necessary or proper parties, the court will pass such directions as is required under the law. But the simple prayer on behalf of the petitioners' heir of deceased defendant who is sought to be deleted from the array of the parties for being substituted at his place will amount to compel the plaintiffs to prosecute the suit against the said party for the relief of permanent injunction. The order of the revisional court appears to be wholly correct and no interference in writ jurisdiction is called for.

The petition is hereby dismissed with the aforesaid observations.

03.07.2006

SUA/33736-06


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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