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Allahabad High Court
Tejesh Kumar And Another vs Ram Naresh And Another on 2 July, 2010
Court No. - 19

Case :- SECOND APPEAL No. - 225 of 2010

Petitioner :- Tejesh Kumar And Another
Respondent :- Ram Naresh And Another
Petitioner Counsel :- Janardan Prasad
Respondent Counsel :- R.K.Sharma

Hon'ble S.C. Chaurasia,J.

The copies of the judgments of the trial court, First Appellate Court and
application for Interim Relief alongwith an affidavit have been delivered
today in the court to Sri R.K.Sharma, learned counsel for the respondents.

It appears from the record that Sri Babu Ram was impleaded as one of the
defendants in the trial court and he was also impleaded as one of the
appellants in the First Appellate Court, but, in the Second Appeal, Sri Babu
Ram has not been impleaded.

Learned counsel for the appellants submits that Sri Babu Ram has not been
impleaded in the Second Appeal, because, he is not a necessary party.

It is well settled that the parties in the trial court should be impleaded in the
appellate court. This court cannot enter into the question at this stage as to
whether Sri Babu Ram is a necessary party or not?

Appellants may move an application for impleadment of Sri Babu Ram.

List on 6th July, 2010.

Order Date :- 2.7.2010

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