[2023/RJJP/002629]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 20809/2019

1.

Trilochan Singh S/o Shri Janak Singh, Aged About 44

Years, R/o Village Mubarikpur, Tehsil Ramgarh, District

Alwar.

2.

Gurvinder Singh S/o Darshan Singh, R/o Village

Mubarikpur, Tehsil Ramgarh, District Alwar.

3.

Sukhdev Singh S/o Shri Beant Singh, R/o Village

Mubarikpur, Tehsil Ramgarh, District Alwar.

4.

Raghuveer Singh S/o Shri Variyam Singh, R/o Village

Mubarikpur, Tehsil Ramgarh, District Alwar, In Person And

On Behalf Of Villagers Of Mubarikpur, Tehsil Ramgarh,

District Alwar.

----Petitioners/Plaintiffs

Versus

1.

Rashid S/o Ruda, R/o Village Mubarikpur, Tehsil

Ramgarh, District Alwar.

2.

Shyodan S/o Rustam, R/o Village Mubarikpur, Tehsil

Ramgarh, District Alwar.

3.

Juhru S/o Hasnu, R/o Village Mubarikpur, Tehsil

Ramgarh, District Alwar.

4.

Fatti S/o Bashir Kha, R/o Village Mubarikpur, Tehsil

Ramgarh, District Alwar.

5.

Mahamuda Alias Menu S/o Juhru, R/o Village Mubarikpur,

Tehsil Ramgarh, District Alwar.

6.

Kursed S/o Kale Kha, R/o Village Mubarikpur, Tehsil

Ramgarh, District Alwar.

7.

Ayub Kha S/o Ammu, R/o Village Mubarikpur, Tehsil

Ramgarh, District Alwar.

8.

Hamid S/o Rungta, R/o Village Mubarikpur, Tehsil

Ramgarh, District Alwar.

9.

Arsad S/o Sohrab, R/o Village Mubarikpur, Tehsil

Ramgarh, District Alwar.

...Respondents/defendants

[2023/RJJP/002629]

(2 of 4)

[CW-20809/2019]

10.

Chief Executive Officer, Rajasthan Board Of Muslim Wakf,

Jaipur.

----Respondent/applicant

For Petitioner(s)

:

Mr. Gajendra Singh Rathore

For Respondent(s)

:

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

13/02/2023

Instant petition has been preferred by the

petitioners /plaintiffs assailing the order dated 21.09.2019

passed by the Court of Civil Judge & Judicial Magistrate,

Ramgarh, District Alwar on an application filed by the

respondent/applicant No.10- Rajasthan Board of Muslim

Wakf, Jaipur, under Order 1 Rule 10 CPC for impleadment as

a party respondent.

Counsel for the petitioners submits that the

respondent/applicant No.10 is neither a necessary nor

effected party even then the learned court below has allowed

the application for impleadment.

The respondent /applicant No.10 while submitting

the application under Order 1 Rule 10 CPC before the learned

court below stated that the property in question is the

property of Rajasthan Board of Muslim Wakf, Jaipur, which is

published in the Gazette Notification in the year 1965 at

[2023/RJJP/002629]

(3 of 4)

[CW-20809/2019]

Gazette No.451. The learned court below after considering

the contents of the application, reply to the application and

the provision of law, allowed the application filed by the

respondent /applicant No.10 for impleadment.

In support of his submissions, counsel appearing

for the petitioners has placed reliance upon the judgment

delivered by the Hon’ble Apex Court in the case

Sudhamayee Pattnaik and Ors. v. Bibhu Prasad Sahoor

and Ors., reported in AIR 2022 SC 4304. Counsel submits

that no-one can be added as a party to the suit without

wishes of the plaintiff.

Having considered the contents of the application

filed under Order 1 Rule 10 CPC, reply to the application as

well as the provision of law, this Court finds that the

respondent /applicant No.10 is the necessary and effected

party. Therefore, the learned court below has not committed

any error in passing the order under challenge.

In the facts of the case, the order of the Hon’ble

Apex Court delivered in the case of Sudhamayee Pattnaik

(supra) is not applicable to the facts of the present case.

In view of the above, no interference is called for

by this Court in the impugned order dated 21.09.2019 passed

by the court below.

The writ petition is accordingly dismissed.

[2023/RJJ