JAGAT NARAYAN, J.—This is a revision application by Fateh Raj and Vijai Raj against an order of Munsif City, Jodhpur, refusing to implead them as defendants in a suit brought by Suraj Roop respondent against the Municipal Council Jodhpur, for a declaration that he is the owner of a Chabutri described in the plaint under order 1 rule 10(2) C.P.C. on the ground that they do not claim any interest in the property in suit.

2. The houses of Vijajraj and Fatehraj on the one hand and of Surajroop on the other abut one another at right angles. There is a Chabutri situated at the place where the two houses meet. This Chabutri was constructed by the plaintiff. The case of the plaintiff is that it is a very old Chabutri. Vijairaj filed a complaint before the Administrator, Municipal Council on 29th December 1961 alleging that the Chabutri was a new encroachment made by the Suraj Roop. After hearing the parties the Municipal Commissioner held that part of the Chabutri was new and was an encroachment and ordered its demolition on 1-10-6. That order was subsequently set aside by the Revenue Appellate Authority. Vijai Raj filed a writ petition in this Court on which the order of the Revenu Appella

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