Lokeshwar Singh Panta, J.—This petition under Article 227 of the Constitution of India has been filed by Smt. Shanti Sharma wife of Dina Nath Sharma seeking to quash the order dated 2.7.2003 passed by Sub Judge 1st Class (re-designated Civil Judge, Jr. Division), Kasauli, District Solan, whereby application filed by her under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure for impleadment in Civil Suit No. 16/1 of 2001 has been dismissed.

2. Smt. Shanti Sharma respondent No.1 (hereinafter referred to as the plaintiff) wife of Shri Geeta Ram Sharma filed suit against respondent No. 2 (hereinafter referred to as the defendant) for possession of the two shops measuring 10.1 ft. x 10.1 ft. and 21.6 ft. x 11.6 ft. situated in the second floor of the building known as Shanti Ghereh for ejectment of the defendant and for recovery of Rs. 7200 as arrears of rent.

3. The case of the plaintiff was that she is the owner of the four storyed building named as Shanti Ghereh located at Village Jabli, Tehsil Kasauli, Distt Solan. On the second floor of the said building two shops were rented out to the defendant in July 1989 on monthly rent of Rs. 300 and Rs. 400 respectively. The total amount of rent is Rs. 700 was enhanced to Rs. 900 per month of both the shops in the year 1995. Thereafter it was further enhanced to Rs. 1200 per month with effect from 1.1.2000. According to the plaintiff the defendant started storing inflammable material, like liquid Petroleum Gas Cylinders, Kerosene oil without the written consent of the plaintiff and without obtaining licence from the competent authority to keep inflammable material in the shop whereas the shops were rented out to the defendant for running business of General Merchant. In addition to storing of inflammable material the defendant has also started the business of sale of cement without the consent of the plaintiff. The plaintiff, therefore, requested the defendant to vacate the shop but instead of accepting the request of the plaintiff, he has stopped paying the monthly rent to the plaintiff w.e.f. 1.5.2000. On these premises the suit was filed by the plaintiff against the defendant

4. During the pendency of the suit Smt. Shanti Sharma wife of Dina Nath Sharma defendant filed an application under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure for her impleadment in the suit. She claimed that out of the two shops, the subject matter of the suit, one shop had been rented out to her by the plaintiff vide agreement dated 9.6.1997, copy whereof is placed on record of this petition as Annexure P-l and original deed was placed on record of the application. She contended that one shop was rented out to her as per the terms, and conditions of the deed for minimum period of five years and the plaintiff before filing the suit has not served any notice to the applicant for vacating the shop nor the applicant has been impleaded as party defendant in the suit along with her husband and non-impleadment will prejudice her rights in defending the suit without giving any opportunity to her. The applicant pleaded that she is essential and necessary party to the suit and in her absence the suit qua the shop which was rented to her could not be effectively adjudicated.

5. In reply to the application the plaintiff contended that the tenancy of the defendant has duly been terminated vide notice dated 15.9.2000 under Section 106 of the Transfer of Property Act and now the defendant is no more the tenant of the plaintiff of two shops w.e.f. 1.11.2000 onwards. The plaintiff has denied the claim of the petitioner that out of two shops rented to the defendant, one shop has been rented to her by the plaintiff vide agreement dated 9.6.1997 nor the petitioner has any concern or connection with the shops in question. She also stated that the alleged agreement dated 9.6.1997 is a result of fabrication and forgery prepared by the petitioner in connivance with her husband the de