( 1 ). The petitioners under Section 115 of the Code of Civil Procedure (for short the Code) challenge the judgment and order dated 13th July, 1984 of the Subordinate Judge, Delhi directing the petitionersplaintiffs to implead Anoar Nath Khanna, respondent No. 2 as defendant.

( 2 ). Briefly the facts are that the petitioners filed a suit praying for a permanent injunction restraining the Municipal Corporation of Delhi from demolishing any part of the two tin shed rooms marked c and d in the site plan filed with the plaint relating to property No. 38-UA Jawahar Nagar, Delhi alleging that they were joint owners of the property, that the said two tin sheds were existing from the beginning and in July-August, 1983 the tin sheds became rusty and started leaking at several places and in order to save them, plaintiff No. 2 replaced the damaged sheets of one of the tin sheds in the month of August, 1983; that demolition squad of the Corporation on 19th August, 1983 came to th Pe properly without any prior notice to any of the plaintiffs-petitioners and in spite of the resistance the Corporation demolished the wall a and b in the site plan upto 6 ft. from the roof level and left th

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