Mohd. Irshad v. Mohd. Riyaz and Others - 2018 Supreme(Online)(Chh) 658

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

Table of Content
1. introduction of suit for eviction. (Para 1)
2. arguments regarding co-ownership and necessity. (Para 2 , 3)
3. court's observations on o.1 r.10(2) and parties involved. (Para 4 , 5 , 6 , 7 , 8 , 9)
4. legal reasoning based on precedents. (Para 10 , 11)
5. final ruling on writ petition. (Para 12 , 13)

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