JUDGMENT :

This revision is directed against the order of the Additional District Judge, Court No.2, Saharanpur, rejecting the defendants' application under Order XIII Rule 8 CPC read with Rule 60 of the General Rules (Civil), 1957 and Sections 31, 32, 33, 38 and 40 of the Indian Stamp Act, 1899 (for short, 'the Act of 1899) asking the Court to impound the document bearing paper No. 354-Ka filed by one Farid Ahmad, a third party, seeking impleadment, in support of his impleadment application.

2. The facts in a nutshell leading to this revision are that Smt. Anisa Begum, a resident of Kori Tilla, Saharanpur, instituted O.S. No. 317 of 1991 in the ex-Court of the Civil Judge, Saharanpur [now Civil Judge (Sr. Div.)] against the two defendants, who are substantially the same party, that is to say, Star Paper Mills Pvt. Ltd. through its Managing Director and the General Manager of the said company, claiming a mandatory injunction in terms hereinafter indicated.

3. The plaintiff's case is that the suit property, admeasuring 7940 square yards, Khasra No. 538, Khewat No. 13, Mahal Gher, Daiyan Mohammad Hasan Khan, Village Pathanpura, is the plaintiff's property, of which she is the owner in possession. She is recorded as such in the revenue record. The aforesaid property shall hereinafter be called 'the suit property'. It is the plaintiff's case that the suit property is abadi and located within the city of Saharanpur. As such, zamindari relating to the said land has not been abolished and the plaintiff continues to be its zamindar with all rights attached to the estate. After pleading her chain of title and the manner of acquisition of the suit property through sale deeds by the plaintiff's father, Nisar Ahmad, it is asserted that the plaintiff has inherited the said property from her father. Her father was in possession of the suit property as zamindar along with other properties that he had purchased. His name was mutated in the revenue records.

4. Shorn of details that are not relevant for the purpose of the limited issue that arises in this revision, the plaintiff's case in the suit appears to be that though she continues to be the zamindar of the suit property, wherein the defendants have, through a chain of successive transfers, acquired a limited right to the use of a grove etc., the defendants, that is to say, Star Paper Mills Pvt. Ltd. are ignoring the zamindar's rights and threatening to fell trees, some of which have already been cut away. The efforts to prevent the defendants have failed. The defendants are also threatening to raise constructions over the suit property after felling the various trees there in derogation of the zamindar's rights that the plaintiff holds. Accordingly, the suit was instituted by Smt. Anisa Begum, praying that a mandatory injunction be issued, directing the defendants to remove all their effects, like goods, building materials etc., whatsoever, from the suit property shown in the schedule to the plaint, within time fixed by the Court, failing which the Court may cause these materials and effects to be removed through the Court's process.

5. The suit was instituted on behalf of Smt. Anisa Begum through the holder of her general power of attorney, Jalil Ahmad. He has been rather peculiarly described in the array as plaintiff No. 1/1. He is not an LR of Anisa Begum, substituted in her stead. Jalil Ahmad has signed and verified the plaint, describing himself as the holder of general power of attorney from Smt. Anisa Begum, who has been shown as the plaintiff, acting through her attorney in the verification clause. In the cause title of the plaint, Anisa Begum and her attorney, Jalil Ahmad have been rather awkwardly described with Jalil Ahmad, as already said, being shown on the plaintiff's side as plaintiff No. 1/1, below Anisa Begum's name.

6. Pending suit, one Farid Ahmad, a third party, made an application, seeking impleadment on 23.08.2007 under Order XXII Rule 10 CPC. It was alleged by Farid Ahmad