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Allahabad High Court

Jai Pal Singh & Others vs Omkar Singh @ Pinkoo & Another on 28 January, 2010

Author: Ram Autar Singh

Bench: Prakash Chandra Verma, Ram Autar Singh

Court No. - 34

Case :- FIRST APPEAL FROM ORDER No. - 2689 of 2007

Petitioner :- Jai Pal Singh & Others
Respondent :- Omkar Singh @ Pinkoo & Another
Petitioner Counsel :- Divakar Rai Sharma
Respondent Counsel :- M.K.Gupta,N.K. Gupta

Hon'ble Prakash Chandra Verma,J.

Hon'ble Ram Autar Singh,J.

Learned counsel for the appellants submits that plaintiff no.1 had filed an application under Order 22 Rule 10, read with Order VI Rule 1, Order I Rule 10 of the Code of Civil Procedure for impleading Smt. Sanju Singh and Jai Pal Singh as plaintiff nos. 2 and 3 before the Court below, but the trial Court vide order dated 14.09.2007 has wrongly rejected the application filed by the plaintiff.

Having heard learned counsel appearing on behalf of the parties and considing the evidence on record, we direct the Court below to consider the application of the appellant/plaintiff, referred to above, afresh and implead them as a party and decide the suit pending before it within a period of six months' from the date of production of a certified copy of this order after affording opportunity of hearing to the parties interested. Till the disposal of the suit by the Court below, the parties are directed to maintain status-quo with regard to the property in dispute.

With the aforesaid direction, this appeal is finally disposed of.

Order Date :- 28.01.2010.

Rks.