( 1 ) THE plaintiff has come up in revision aggrieved byorder dated 17. 11. 1984 passed by the Trial Court ejecting an application underorder I Rule 10 r/w Section 151 Civil Procedure Code filed by the plaintiff-petitioner.

( 2 ) IT appears that there is a dispute between two tenants of the same property. The plaintiff/petitioner is a tenant on the first floor. The defendant is a tenant onthe ground floor. The suit property is part of a Varandash situated on the first floor. The cause of action set out by the plaintiff petitioner is that the defendant comeson the 1st floor and creats obstruction in the use and enjoyment of the Varandaby the plaintiff. The defendant has taken a plea in the written statement thatthe- suit property forms part of his tenancy. Looking to the defence taken in thewritten statement the plaintiff/petitioner moved an application for joining theandlord as a defendant in the suit. The Trial Court did not notice the landlordproposed to be joined as additional defendant on the application of the plaintiffunder Order-1 Rule 10 CPC. It heard the defendant. The opposition offered by thedefendant prevailed with the Trial Court leading to rejection of the