In a writ petition challenging the rejection of an application for impleadment as a joint tenant under Order 1 Rule 10 CPC, the court held that the petitioner failed to prove the factum of his tenancy. Lacking merits, the writ petition was dismissed.
Writ petition dismissed for lack of merits.
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Court No. - 26
Case :- WRIT - A No. - 5209 of 2019
Petitioner :- Mazid Hussain Respondent :- Xiii Additional District Judge-7, Allahabad And 4 Others Counsel for Petitioner :- Krishna Bihari
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Krishna Bihari, learned counsel for the petitioner.
By means of the present petition, the petitioner seeks to challenge the order dated 19.11.2018 passed by the XIIIAdditional District Judge, Court No.7, Allahabad in R.C.A. No.23 of 2017 (Abid Hussain Vs. Shakir Hussain) whereby the application (paper no.16A) filed by the petitioner for his impleadment under Order 1 Rule 10 CPC, at the stage of the appeal, has been rejected.
The court below has taken note of the fact that the claim of the petitioner for impleadment has been set up by asserting himself to be in a joint tenancy with the appellant Abid Hussain who is the real brother of the petitioner. The court below has also taken note of the fact that in support of his claim for being made a party to the proceedings the petitioner has not been able to place any material to prove the factum of his tenancy.
Learned counsel for the petitioner has not been able to dispute the legal proposition that in a case of joint tenancy, service of notice on one of the joint tenants is deemed to be sufficient and in a case where the matter has been contested by a joint tenant, the orders passed thereon would bind the parties.
No material error or illegality has been pointed out in the orders passed by the courts below.
Petition lacks merits and is accordingly dismissed.
Order Date :- 17.4.2019 Shahroz
(Dr. Y.K. Srivastava,J.)
2 issues framed by the court
Whether a petitioner seeking impleadment as a joint tenant under Order 1 Rule 10 CPC can challenge the rejection of his application where no material was placed to prove joint tenancy.
Whether the petitioner has shown any material error or illegality in the order passed by the court below rejecting his application for impleadment.
1 provisions across 1 enactments
Mazid Hussain
Xiii Additional District Judge-7, Allahabad
4 Others
Dr. Yogendra Kumar Srivastava,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
