Court No. - 4

Case :- MATTERS UNDER ARTICLE 227 No. - 749 of 2022

Petitioner :- Balwant Das

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Jaishankar Prasad Tyagi,Lallan Chaubey,Sonu

Nirmal

Counsel for Respondent :- C.S.C.,Dewesh Kumar Tiwari,Ishwar Kumar

Upadhyay

Hon'ble Salil Kumar Rai,J.

Shri Ishwar Kumar Upadhyaya, Advocate has filed his

Vakalatnama on behalf of respondent no.3. The same is

taken on record.

The present petition has been filed challenging the order

dated 13.12.2021 passed by the Additional District Judge,

Court No.III, Ballia dismissing the impleadment

application of the petitioner in Civil Appeal No.17 of 2021.

I have perused the records.

The relevant facts of the case are that the father of

respondent no.6 instituted Original Suit No.1600097 of

1990 praying for cancellation of gift deed and sale deed

allegedly executed by one Samrathi, defendant no.1 in

the said suit. The suit was decreed by the trial court vide

its judgment dated 24.3.2021. The decree dated

24.3.2021 passed by the trial court has been challenged

by respondent no. 2 through Civil Appeal No. 17 of 2021.

The said Civil Appeal is pending in the court of Additional

District Judge, Court No.III, District Ballia. During the

pendency of the appeal, the petitioner filed an application

for impeadment as an appellant in the case pleading that

he is the son of the donor/vendor. The appellant in Civil

Appeal No.17 of 2021 as well as the respondent no.6,

who was substituted as plaintiff in the Original Suit after

the death of his father Sumant, opposed the impledment

application filed by the petitioner. The appellate court vide

order dated 13.12.2021 has rejected the impledment

application filed by the petitioner on the ground that the

petitioner has no legal interest in the proceedings.

The suit was filed by the predecessor of respondent no.6

praying for cancellation of gift deed and sale deed

executed by defendant no.1. The deeds were executed in

favour of other defendants and therefore, the petitioner

has no legal interest in retention of documents and

further, the respondent no. 2 being the dominus litis had

opposed the impleadment of the petitioner as appellant in

the appeal.

In view of the aforesaid, no error has been committed by

the appellate court in dismissing the impleadment

application of the petitioner.

The petition lacks merit and is dismissed.

Order Date :- 9.3.2022

IB

Digitally signed by ITU BANERJEE

Date: 2022.03.09 17:45:14 IST

Reason:

Location: High Court of Judicature

at Allahabad