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2006 DIGILAW 2986 (RAJ)

Ramavtar Agarwal v. M/s. Kishan Lal Pawan Kumar

2006-11-06

ASHOK PARIHAR

body2006
JUDGMENT 1. - Petitioner is aggrieved by the impugned order passed by the trial Court by which one of the respondents has been impleaded as co-plaintiff in a suit for eviction filed by the petitioner. 2. Admittedly, the suit for partition is pending before the competent Court. Until and unless the respondent, so impleaded as co-plaintiff, gets his rights decided by the competent Court over the title of the suit property, he cannot be impleaded as co-plaintiff. If he has any rights, he may also file a separate suit before the competent Court. 3. Accordingly, the writ petition is allowed. The impugned order of impleadment passed by the trial Court is set aside. However, the present order shall not affect the merits of the suit so far as the rights of the petitioner as also respondents-tenant concerned.Writ Petition Allowed. *******