JUDGMENT

Sureshwar Thakur, J —The plaintiff/petitioner herein, instituted a suit for rendition of a decree, of, permanent prohibitory injunction, visavis, the suit Khasra Numbers, besides, also prayed for rendition, of, a decree, for mandatory injunction, visavis, the suit Khasra Numbers. The defendants/respondents herein, in, their writtenstatement contended, that the suit land is joint interse the plaintiff, and, the defendants. They also raised an objection qua the suit being bad for nonjoinder, of, necessary parties, in as much as, as one of the brothers'' of the defendants, who, also alongwith the parties at contest, though hence jointly owning the undivided suit property his rather, remaining unimpleaded, despite, his being both a proper, and, a necessary party, in the lis.

2. Even though the aforesaid objection, devolving, upon the suit, hence being bad for nonjoinder, of, necessary parties, was taken at the earliest, yet, the plaintiff belatedly therefrom, instituted an application, cast under the provisions of Order 1 Rule 10 CPC, seeking therein a relief, of, adding in the array of defendants'', the LRs of deceased Bagshi Ram, the brother of the defendants, who alongwith t