A person who is likely to be affected by the result of the suit can be added as a proper party.

B.S.Yadav, J.

1. The present petitioners had filed a suit for permanent injunction restraining the Municipal Committee, Sonepat, and its Administrator from demolishing their walls constructed on the land in dispute. During the pendency of the suit, the present respondent No. 1 Bhagwan Dass filed an application to be impleaded as a party on the ground that Municipal Committee was colluding with the plaintiffs and the suit had been filed with the intention to encroach upon its property. The learned trial Court allowed that application on the ground that to enable the Court to adjudicate effectively and completely upon the question involved in the suit he (i.e. Bhagwan Dass) he made a party. Feeling aggrieved against that order, the plaintiffs have filed this revision petition.

2. From the arguments it appears that the plaintiffs have made certain construction on the site in dispute, which according to the plaintiffs, is their property while the defendant-Committees contention is that it is part of the land reserved for public place. Bhagwan Dass, who has been ordered to be made a party, has a house situated towards a corner of the disputed site across the street.

3. The learned counsel for the petitioners argued that Bhagwan Dass has no interest in the suit property and, therefore, his presence is not at all necessary for effectively adjudicating the matters in dispute. He has placed reliance upon Banarsi Dass v. Panna Lal, 1968 P.L.R. 451, wherein it was remarked :-

``Under sub-para (2) of Order 1, Rule 10, Civil Procedure Code as already observed, a person may be added as a party to a suit in two cases only i.e., when he ought to have been joined and is not so joined, i.e. when he is a necessary party, or, when without his presence the questions in the suit cannot be completely decided. In my opinion, there is no jurisdiction to add a party in any other case merely because that would save a third person the expense and botheration of a separate suit for seeking adjudication of a collateral matter, which was not directly and substantively in issue in the suit into which he seeks intrusion.

4. He also placed reliance upon State of Patiala v. Amar Nath and others, 1982 P.L.R. 479, wherein it was remarked :-

``From a reading of the sub-rule and above observations it is evident that if a person is not a necessary party to the litigation or his presence is not necessary to adjudicate the case effectually and completely he shall not be added defendant without the consent of the plaintiff. The ground that he is likely to suffer a loss, if he is not made a defendant is no ground to implead him as such.

5. The learned counsel for Bhagwan Dass argued that procedural laws are made to subserve the ends of justice and not to thwart it. He argued that in the present case the site in dispute has been reserved by the Committee for a park and Bhagwan Dasss house is situated closely and, therefore, he is interested in the result of the suit and thus can be treated as a person affected by the decision of the suit and, therefore, he is a necessary party. In support of his contention he has cited Amian and others v. Gram Panchayat Barota and others, 1978 PLJ 369, wherein it was remarked :-

``There is no dispute with the proposition that under Order 1, Rule 10, Code of Civil Procedure, a third party can be impleaded in a pending suit when that party is a necessary party and without whom the suit cannot be decided. All that is required to be seen at this stage, and that too only prima facie, is as to whether the applicants are necessary parties to the litigation or not. As already noticed, in their application the applicants specially mentioned that they were residents of the street in regard to which the relief had been prayed for in the suit filed by the petitioners. In the absence of any rebuttal in this respect, it is reasonable to presume, at least prima facie, that any decree or order which might be passed in the suit would certainly af