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2021 Supreme(All) 429

SARAL SRIVASTAVA
Uday Bhan Tiwari – Appellant
Versus
Pashupati Colonizers Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Kamlesh Kumar Mishra.

JUDGMENT :

1. Heard learned counsel for the revision-applicant.

2. The present revision under Section 25 of Provincial Small Causes Courts Act is directed against the order dated 5.12.2020 passed by Additional District Judge/Special Judge (Prevention of Corruption Act), Court No. 5, Gorakhpur in S.C.C. Suit No. 9 of 2010 (Pashupati Colonizers Vs. Chandra Bhan Tripathi) whereby the court below has dismissed the application of the revision-applicant under Order 1 Rule 10 (2) of C.P.C. for impleading him as respondent in the S.C.C. Suit No. 9 of 2010.

3. A suit for eviction has been instituted by the respondent No. 1-Pashupati Colonizers Private Limited contending inter-alia that Chandra Bhan Tiwari (since deceased) was tenant of the premise No. C-123/89 Purdilpur, District Gorakhpur. The rent of the premise has not been paid since January 2006. After the death of Sri Chandra Bhan Tiwari, the respondent Nos. 2 and 3 have been substituted as his heirs.

4. In the suit, the revision-applicant filed an application paper No. 127-Ga under order 1 rule 10 (2) C.P.C. on the ground that his father late Ram Lakhan Tiwari was original tenant of the premises in question, and after his death, he along

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