JUDGMENT

Tushar Rao Gedela, J. (Oral) [The proceeding has been conducted through Hybrid mode]

1. Petitioners challenge the order dated 13.09.2019 in CS No. 236/2019 titled as "Anjani Gupta vs. Vandana Gupta", whereby the learned Trial Court had dismissed the application under Order 1 Rule 10 of the Code of Civil Procedure, 1908, filed by the petitioners seeking impleadment on the ground that they are neither necessary nor proper parties to the lis.

2. Mr. Anurag Jain, learned counsel appearing for the petitioners submits that by way of the impugned order, the learned Trial Court has overlooked four crucial aspects, which are as under:

(i) That the respondent is claiming 50% ownership of the suit property for which she has not paid at all and the petitioners claim that the amounts which have been part of the sale consideration came from joint family funds which has been overlooked by the learned Trial Court.

(ii) The respondent purposely did not implead the petitioner in the suit for partition knowing fully well that had they been impleaded in the ordinary course, the suit as it stands today would have been dismissed having no legs to stand.

(iii) Mr. Jain, learned counsel has very ve