Allahabad High Court
Muhammed Shahid vs Rashid Husain Alvi And 2 Others on 16 September, 2020
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CIVIL REVISION DEFECTIVE No. - 31 of 2020 Revisionist :- Muhammed Shahid Opposite Party :- Rashid Husain Alvi And 2 Others Counsel for Revisionist :- S.M. Iqbal Hasan Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri S.M. Iqbal Hasan, learned counsel for the applicant in revision.
2. The present revision is directed against the order dated 3.3.2020 by which the applicant's application no. 45Ga under Section 151 of Code of Civil Procedure, 1908, has been rejected.
3. Upon perusal of the order and hearing learned counsel for the applicant, it is undisputed that the present applicant has not been impleaded as a party-defendant in the suit and that his application filed under Order 1 Rule 10 of Code of Civil Procedure, 1908, in that regard, is still pending.
4. In view of the above, the dismissal of the application filed by the present applicant under Section 151 CPC does not suffer from any error of law or propriety. Therefore, no interference is warranted in the impugned order, to that extent. However, it is the further case of the applicant that his application for impleadment has remained pending since 19.12.2019. It is expected that learned court below shall make best efforts to decide that application, as expeditiously as possible, without allowing any undue or long adjourment to either of the parties.
5. Needless to add, in case the applicant becomes a party to the proceedings, the present order may not stand in way of his filing such application as he may be advised at that stage, if it arises.
6. The present revision lacks merit and is accordingly dismissed.
Order Date :- 16.9.2020 Prakhar