Court No. - 9
Case :- CIVIL REVISION No. - 29 of 2019 Revisionist :- Padam Dutt Sharma Opposite Party :- Umakant Alias Umacharan Das And 6 Others Counsel for Revisionist :- Praveen Kumar Srivastava
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist at length.
The instant revision is directed against an order rejecting the revisionist application for impleadment under order 1 Rule 10 CPC.
The impleadment application has been rejected on the ground that the suit is one for injunction and that no injunction is sought against the person seeking an impleadment. He therefore, is not a necessary party to the proceedings and was not liable to be impleaded in the suit.
It appears that before the Court below as also before this Court, the submission is that there is an inter-se dispute of title between the plaintiffs and the revisionist.
In my considered opinion, this inter-see title dispute is necessarily an issue of a separate suit and the same cannot be incorporated in a suit to which, the applicant is not a party.
The Court below has rightly observed that it is open for the revisionist applicant to institute a separate suit in case he wants to dispute the title of the plaint.
I do not find any illegality or jurisdictional error in the impugned order, which would warrant interference.
The revision is without merit and is dismissed.
Order Date :- 28.2.2019 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2019.02.28 18:05:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad