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.