JUDGMENT

Lok Pal Singh, J. - This writ petition has been filed for the following reliefs:-

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 26.10.2017 (Annexure No.1 to this writ petition) passed by the learned 2nd Additional Civil Judge (Senior Division) Haridwar in Original Suit No.108 of 2013 Swami Rupendra Prakash vs. Surendra Kumar and others'.

(ii) Issue any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner.

2. Factual matrix of the case is that plaintiff/petitioner instituted a suit being suit no.108 of 2013 Swami Rupendra Prakash vs. Surendra Kumar and others in the court of Civil Judge (Senior Division), Haridwar for a decree of permanent prohibitory injunction, stating therein that Swami Hansprakash Ji was the Mahant, Manager and owner of the property involved in the suit, during his life time. Plaintiff was the chela of Swami Hansprakash Ji Maharaj who resided in the property along with Swami Hansprakash Ji during his life time. Swami Hansprakash Ji Maharaj out of love, affection and care of the plaintiff had executed a will dated 17.12.2012 in favour of the plaintiff/petitioner in respect of the property involved in the suit along with certain other property. Swami Hansprakash Ji Maharaj died on 05.01.2013 and the petitioner being disciple and on the basis of Will dated 17.12.2012 being executed by Swami Hansprakash in favour of the petitioner/plaintiff became the Mahant and owner in possession of the property in question, who is also managing the day to day affairs of the Ashram. It was further stated that defendants have not concern with the property involved in the suit, however, the defendants are continuously interfering in the possession and peaceful management of the plaintiff. The defendants contested the suit and filed their written statement.

3. During the pendency of suit, respondent no.1 Vijay Kumar Malik filed an application under Order 1 Rule 10 read with Section 151 C.P.C. for impleading himself as party to the suit inter-alia on the ground that Swami Shri Avdhoot Mandal Ashram Prachin Braham Dass Trust, Haridwar, which is a registered society registered under Societies Registration Act, 1860, is the owner of the suit property. Swami Hansprakash was the President and Sushil Kumar Malik was the Secretary of the said society. After the death of Sushil Kumar Malik on 22.12.2014, the applicant/respondent no.1 has been duly elected as Secretary of the said secretary in the meeting held on 11.02.2015. Plaintiff/petitioner filed objections to the impleadment application stating that the alleged society has no concern with the property in question nor the property involved in suit has ever been vested in the alleged society not the said society is the owner of the suit property. It was further stated that the present suit is for injunction filed against the persons interfering in the peaceful possession and management of the plaintiff in the property involved in the suit, the plaintiff to the suit is the dominus litus. Besides the plaintiff, defendant nos.2 and 4 also filed their objections to the impleadment application contending that the application is not maintainable. It was also stated that the said Society is neither a registered society nor the applicant ever remained the member of the same.

4. The trial court, vide its order dated 26.10.2017, has allowed the application paper no.128 ka with cost of Rs.200/- in a cryptic and mechanical manner, stating that all the aggrieved parties must be allowed to be impleaded and contest the suit. Insofar as the merits are concerned, the same shall be concerned after the evidence in the suit.

5. I have heard learned counsel for the parties and perused the material brought on record.

6. Learned counsel for the petitioner/plaintiff would submit that the petitioner/plaintiff is dominus litis and he cannot be compelled to implead a stranger a