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2015 DIGILAW 1569 (RAJ)

Naveen v. Bhagwandas

2015-08-22

ARUN BHANSALI

body2015
JUDGMENT : Arun Bhansali, J. This writ petition has been filed by the petitioner aggrieved against the order dated 21.1.2015 passed by the trial court, whereby the application filed by the petitioner under Order I, Rule 10 CPC seeking impleadment as party defendant in the suit has been rejected. 2. It is submitted by learned counsel for the petitioner that against the order passed by the trial court under Order 39, Rule 1 and 2 CPC, appeal was filed wherein the petitioner has been impleaded as party by the appellate court, despite that the trial court has chosen to reject the application filed by the petitioner for impleadment as party defendant. 3. Further reference is made to the order passed by this Court in SBCWP No.141/2015 decided on 25.2.2015, wherein considering the impleadment of the petitioner in the appeal, the order rejecting cross-objections by the appellate court was set aside and the appellate court was directed to decide the cross-objections on merits. 4. Learned counsel for the respondents submits that merely because the petitioner has been impeladed as party before the appellate court in the proceedings arising out of Order 39, Rule 1 and 2 CPC cannot be a reason enough for impleadment of the petitioner in the suit. 5. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. 6. From the order passed by the appellate court impleading the petitioner as party to the proceedings arising out of Order 39, Rule 1 and 2 CPC, the prima facie finding recorded by it, which order become final, appears to be reasonable in the facts and circumstances of the case and consequently, it cannot be said that the trial court was justified in rejecting the application filed by the petitioner under Order I, Rule 10 CPC for being impleaded as party defendant in the suit. 7. In view of the above, the writ petition is allowed. The order dated 21.1.2015 passed by the trial court is set aside. The application filed by the petitioner under Order I, Rule 10 CPC is allowed and the petitioner is directed to be impleaded as party defendant in the suit. 8. Looking to the nature of the suit, the trial court is directed to decide the suit as expeditiously as possible.