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2020 DIGILAW 555 (RAJ)

Sanjay Kumar Jain S/o. Late Mishri Lal Jain v. Ram Lal S/o. Udai Lal Choudhary

2020-07-01

DINESH MEHTA

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ORDER : 1. The present writ petition is directed against the order dated 28.05.2020, whereby petitioner’s application dated 28.05.2020 under Order 1 Rule 10(2) of the Code of Civil Procedure has been rejected by the Trial court. 2. The brief facts relevant for the present purposes are that the plaintiff Ramlal – respondent No.1 herein, filed a suit for permanent injunction, impleading the Municipal Board, Rawatbhata and A.En., Ajmer Vidhyut Vitran Nigam Ltd. 3. In the suit so filed by the respondent No.1, the petitioner moved an impleadment application, inter alia stating that he be heard as the land in question falls in the area, which has been declared as sanctuary/reserved forest area. 4. The learned Trial Court rejected petitioner’s application, holding that he has no concern with the present litigation. 5. Learned counsel for the petitioner submitted that the petitioner is a public spirited man and he wants to bring to the notice of the Court many relevant facts particularly that the land in question cannot be regularised and desired relief cannot be granted in plaintiff’s favour, as the subject land falls within the restricted area as it has been declared as sanctuary/reserved forest area. 6. Heard. 7. It is settled proposition of law that the plaintiff is a dominus litis of his case. 8. This Court is of the firm view that the petitioner, self serving public spirited person, cannot intermeddle with the rights of the plaintiff. 9. Indisputably, Municipal Board and Vidhyut Vitran Nigam Ltd. have been arrayed as defendants and if the land in question in any way falls in prohibited area, they would bring the same to the notice of the Trial Court. 10. The petitioner, however, cannot thurst himself in the suit proceedings. 11. The petitioner’s application has been rightly rejected by the Court below vide its order impugned dated 29.05.2020. 12. That apart, no interference is warranted in supervisory jurisdiction of this Court in light of judgment of Hon’ble the Supreme Court delivered in the cases of Shalini Shyam Shetty and Ors. Vs. Rajendra Shankar Patil (2010) 8 SCC 329 and Surya Dev Rai Vs. Ram Chander Rai & Ors. (2003) 6 SCC 675 . 13. The writ petition fails. 14. The stay application also stands dismissed.