Order on Board

15/10/2024

1. At the outset, learned counsel for the petitioner would submit that petitioner has filed Civil Suit No.107-A/2015 through his father as next friend for declaration of sale deed illegal and null and declaration of his title, as his father has sold the suit land vide registered sale deed to respondent /defendant No.1, whereas he had no right to sell the suit land. He further submitted that, now petitioner /plaintiff has attained the age of majority, therefore, he himself wants to prosecute the civil suit and want to discharge next friend, but, he has not filed any application under Order 32 Rule 12 of CPC and instead thereof, he has directly filed application under Order 1 Rule 10 of CPC to implead his father Arvind Sharma as defendant No.10 in said civil suit, as he had executed disputed registered sale deed, therefore, he (father Arvind Sharma) is a necessary party as a defendant, but, the application has been rejected by the trial Court. Therefore, learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to file appropriate application under Order 32 Rule 12 of CPC. He further sought liberty to file fresh application under Order 1 Rule 10 of CPC to implead Arvind Sharma (father of plaintiff) as defendant and also direction to be issued to the concerned trial Court to consider and decide the aforesaid application afresh by setting aside the impugned order.

2. Perusal of record shows that petitioner /plaintiff has filed the civil suit through next friend Arvind Sharma, who is his father, but now, as per plaintiff, he has attained the age of majority, therefore, he himself wants to prosecute the civil suit and discharge his father from the status of next friend. To do so, as counsel for the petitioner informed that no application has been filed under Order 32 Rule 12 of CPC, which is necessary to correct the status of petitioner /plaintiff in the plaint. Hence, on due consideration, prayer made by petitioner is allowed and he is permitted to withdraw this petition with liberty to file application under Order 32 Rule 12 of CPC. Liberty is also granted to the petitioner to file fresh application under Order 1 Rule 10 of CPC to implead his father as defendant in civil suit.

3. In view of above, order dated 09.09.2024 passed by Upper District Judge, Patan, District Durg (CG) is set aside and this petition is disposed of granting aforesaid liberty to the petitioner /plaintiff to file appropriate applications, as has been observed above. On being filed aforesaid application, learned trial Court is directed to consider and decide the application(s) afresh without prejudice to the order dated

09.09.2024 passed by it.

4. Pending interlocutory application(s), if any, also stands disposed of.