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1999 Supreme(Raj) 723

B.J.SHETHNA
Rumani – Appellant
Versus
Municipal Corporation, Jodhpur – Respondent


Advocates Appeared:
V.K. Agrawal, for Petitioner

Honble SHETHNA, J.–Learned counsel Mr. Agrawal for the petitioner vehemently submitted that the Trial Judge committed a grave error in allowing the application filed u/O. 1, R. 10 CPC by the present respondents No.2 to 7 to be impleaded as defendants in the suit filed by the petitioner against the respondent No.1 Municipal Corporation, Jodhpur. He submitted that the present respondents were neither necessary nor proper parties, therefore, they should not have been joined as defendants in the suit filed by the petitioner which was mainly against the respondent Municipal Corporation, Jodhpur. In support of his submission, he has relied upon the judgments of this Court in the case of Rameshwar Dayal vs. U.I.T. Alwar & Ors. (1) and an unreported judgment dated 8.4.91 delivered in Gora Devi & Ors. vs. U.I.T. & Ors. (2).

(2). In the later case, the learned Single Judge of this Court (Honble Mr. K.C. Agrawal, C.J.) (as he then was) allowed the revision petition filed under Section 115 C.P.C. and set aside the order passed by the Trial Court by which the application to implead person as a defendant in the suit was granted. From the judgment of that case, it appears that certain land acquisi












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