Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 113 of 2019 Petitioner :- Ram Roop Das Shashtri Respondent :- Uma Shanker Prasad And Another Counsel for Petitioner :- Shamimul Hasnain,Mohammad Azam
Hon'ble Mrs. Sunita Agarwal,J.
Supplementary affidavit filed today is taken on record. Heard learned counsel for the petitioner.
The present petition is directed against the order of rejection of impleadment application under Order 1 Rule 10 CPC moved by the petitioner in Original Suit No. 656 of 1987 to assert the right of deceased defendant no. 2 in the suit property.
A perusal of the supplementary affidavit filed today indicates that previously the application under Order 1 Rule 10 CPC namely application 139Ka moved by the petitioner herein, had been dismissed on 12.2.2015, on merits.
The said fact could not be disputed by learned counsel for the petitioner during the course of argument.
The trial court, therefore, cannot be said to have erred in rejecting the second application under Order 1 Rule 10 CPC namely paper no. 179Ka noticing the aforesaid fact.
No infirmity is found in the order impugned. The present petition is dismissed.
Order Date :- 26.2.2019 Brijesh