1. This is an application by one Tilak Raj Sharma for being impleaded as a party to writ petition No. 206 of 1974 filed on November 27, 1974, by Smt. Bhagwanti, against the Custodian General Jammu and Kashmir and the Custodian, Evacuee Property, Jammu.

2. The case of the applicant is that as respondent No. 2 has vided his order No. RS 911-74 EP dated November 26, 1974, leased out to him for a period of one year two rooms in the upper storey of the house in relation to which Smt. Bhagwanti has brought the aforesaid writ petition and as he cannot get possession of the said rooms in view of the ad interim order directing maintenance of status quo, he is a necessary and a proper party to the writ petition and it is in the fitness of things that he should he added as a party to the petition.

3. Mr. B. R. Chowdhary appearing on behalf of the petitioner has opposed the application and has contended that no person can under law be added as a party to a case merely because he would be incidentally affected by the ultimate judgment that may be passed therein or that he is interested in the fruit of the judgment.

4. I have given my earnest consideration to the submissions made by the learned

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