LAKSHMAN PRASAD GUPTA Vs. BHAGWAN SHIV MANDIR PARIVAR TAKHATPUR

JUDGEMENT

(1.) This petition has been filed against the order dtd. 28/8/2021 passed by Civil Judge, Class-2, Takhatpur whereby application preferred by the defendant/respondent No.3 - Balram under Order 1 Rule 10 (2) CPC for impleading him as defendant party, was allowed.

(2.) Facts of the case, in brief, are that the petitioner filed a civil suit for declaration of title and permanent injunction in respect of the lands bearing Khasra No.397, Area 0.721 Hectares and Khasra No.402, Area 0.401 Hectares situated at Village Belsari, Tehsil Takhatpur, District Bilaspur as the said property was obtained through Will by his late father Madanmohan @ Khorbahra on 25/3/2007. However, respondent No.3 filed an application before the Court below on the ground that he is necessary party in the civil suit and the civil suit has been filed without disclosing the reals facts. It is also alleged that Will was also executed in his favour by father of the petitioner Madanmohan on 16/9/2006. Thereafter, on the basis of document available on record, the trial Court observed that proposed defendant has also interest on the suit property and he is necessary party and thereby allowed the application. Hence, this petition has been filed.

(3.) Learned counsel for the petitioner submits that impugned order is bad in law as in the said application there is no proper justification to implead him as a party. He also submits that the concerned property of Shiv Mandir has been given to him in the partition by his late father in share of the plaintiffs through document dtd. 25/3/2007. He submits that impugned order is contrary to the established judicial precedents and legal principles as neither the averment nor the relevant document supports the claim of respondent No.3, therefore, impugned order deserves to be set aside.