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2018 Supreme(Online)(Chh) 658

CHHATTISGARH HIGH COURT
Judge Name, J
Mohd. Irshad v. Mohd. Riyaz and Others


Advocates:
For the Appellants/Petitioners: Mr.Sushobhit Singh
For the Respondents: Mr.Ashok Soni

1. Respondents No.1 to 3 herein / plaintiff instituted a suit for ejectment and arrears of rent against respondent No.4 / defendant herein. The suit was instituted on 5.4.2010. In course of trial, the plaintiffs / landlords have closed their evidence. Thereafter, on 19.1.2017 the petitioner herein filed an application under O.1 R.10 (2) of the CPC that he is co - owner of the suit house and therefore, he is necessary party in the said suit. Said application was opposed by the plaintiffs / respondents No.1 to 3. The trial Court by order dated 7.2.2017 rejected the said application. Thereafter, the petitioner repeated application under O.1 R.10(2) of the CPC for impleadment. The trial Court by order dated 1.3.2017 again rejected the same. Challenging both the orders, this writ petition under Art.227 of the Constitution of India has been filed.

2. Mr.Sushobhit Singh, learned counsel for the petitioner, would submit that the proposed applicant / writ petitioner being co - owner of the suit property is not only proper but also necessary party and therefore, he is entitled to be impleaded as party defendant in the suit and therefore, the trial Court is absolutely unjustified in rejecting













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