High Court Punjab-Haryana High Court

Bhola Ram vs Nand Lal And Others on 1 September, 2009

Punjab-Haryana High Court
Bhola Ram vs Nand Lal And Others on 1 September, 2009
Civil Revision No. 4957 of 2009
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH


                                Civil Revision No. 4957 of 2009
                                Date of decision: 01.09.2009

Bhola Ram
                                                              ....Petitioner

                    Versus


Nand Lal and others
                                                           ....Respondents


CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

Present: - Mr. M.S. Randhawa, Advocate,
           for the petitioner.

                    *****

VINOD K. SHARMA, J (ORAL)

This revision petition is directed against the order dated

8.5.2009, passed by the learned Additional Civil Judge (Senior

Division), Narnaul, vide which the application moved by the petitioner,

under Order 1 Rule 10 of the Code of Civil Procedure, for being

impleaded as defendant, stands dismissed.

The plaintiff/respondent No. 1 filed a suit for injunction

against the defendants, restraining them from interfering in his

possession. In the said suit, the petitioner moved an application for

being impleaded him as party.

The learned trial Court held, that the petitioner cannot be said

to be necessary or proper party, as no relief is claimed against the

petitioner, and the dispute raised inter se between the parties can be

effectively adjudicated without the presence of the petitioner.
Civil Revision No. 4957 of 2009
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Learned counsel for the petitioner vehemently contends, that

the window, ventilator and parnala open towards the street and,

therefore, he is likely to be affected by the decision in the case.

This contention is totally mis-conceived. In the garb of

injunction against the defendants, no action can be taken by the plaintiff

against the petitioner, being not party to the suit for injunction.

No ground, therefore, is made out to interfere with the order

passed by the learned trial Court.

No merit.

Dismissed.

(Vinod K. Sharma)
Judge
September 01, 2009
R.S.