Jado Singh Son Of Karan Singh By Caste ... vs Ramji Lal Son Of Basanta By Caste Kumhar on 19 September, 2022

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Rajasthan High Court - Jaipur

Jado Singh Son Of Karan Singh By Caste ... vs Ramji Lal Son Of Basanta By Caste Kumhar on 19 September, 2022

Bench: Ashok Kumar Gaur

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No.16508/2018

Jado Singh Son Of Karan Singh, Aged 50 Years, Resident of Kota
Patti Town Weir, Tehsil Weir, District Bharatpur.
                                                                    ----Petitioner
                                     Versus
Ramji Lal Son of Basanta, Resident Of Kotapatti Nayabas, Weir,
Tehsil Weir, District Bharatpur.
                                                                  ----Respondent

For Petitioner(s) : Dr.Arjun Singh Khangarot, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 19/09/2022 This writ petition has been filed by the petitioner challenging the order dated 01.05.2018, whereby, application filed by the respondent under Order 1 Rule 10 CPC for impleadment as party respondent to the suit, has been allowed.

Learned counsel for the petitioner submitted that the Court below has committed an error in allowing the application of the respondent and as such, this Court is required to interfere in the present matter.

Learned counsel for the petitioner further submitted that the impugned order does not give any reason, as why, the respondent was necessary party in the suit.

Learned counsel submitted that reference of earlier suit between the parties was also of not much relevance and the Court below ought to have seen, as whether, the petitioner-plaintiff had (Downloaded on 23/09/2022 at 01:06:37 AM) (2 of 2) [CW-16508/2018] filed suit in proper manner against the party, who was necessary in the suit.

I have heard learned counsel for the petitioner and perused the material available on record.

This Court finds that the Court below, after considering the nature of dispute involved between the parties and further fact of earlier litigation between the parties, found that the respondent was required to be made defendant in the suit.

This Court finds that no error has been committed by the Court below while allowing the application under Order 1 Rule CPC.

This Court accordingly finds no force in the petition and as such, the same is dismissed.

(ASHOK KUMAR GAUR), J Himanshu Soni/10 (Downloaded on 23/09/2022 at 01:06:37 AM) Powered by TCPDF (www.tcpdf.org)

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Rajasthan High Court - Jaipur