Dismissed
Bhola Ram v. Nand Lal and Ors.
Punjab & Haryana HCCR/4957/2009
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No. 4957 of 2009 -1- IN THE HIGH COURT OF…
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No. 4957 of 2009 -1- IN THE HIGH COURT OF…
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Civil Revision No. 4957 of 2009
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 4957 of 2009 Date of decision: 01.09.2009
Bhola Ram
....Petitioner
Versus
Nand Lal and others
....Respondents
CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA
Present: - Mr. M.S. Randhawa, Advocate, for the petitioner.
VINOD K. SHARMA, J (ORAL)
This revision petition is directed against the order dated 8.5.2009, passed by the learned Additional Civil Judge (Senior Division), Narnaul, vide which the application moved by the petitioner, under Order 1 Rule 10 of the Code of Civil Procedure, for being impleaded as defendant, stands dismissed.
The plaintiff/respondent No. 1 filed a suit for injunction against the defendants, restraining them from interfering in his possession. In the said suit, the petitioner moved an application for being impleaded him as party.
The learned trial Court held, that the petitioner cannot be said to be necessary or proper party, as no relief is claimed against the petitioner, and the dispute raised inter se between the parties can be effectively adjudicated without the presence of the petitioner.
Civil Revision No. 4957 of 2009
-2-
Learned counsel for the petitioner vehemently contends, that the window, ventilator and parnala open towards the street and, therefore, he is likely to be affected by the decision in the case.
This contention is totally mis-conceived. In the garb of injunction against the defendants, no action can be taken by the plaintiff against the petitioner, being not party to the suit for injunction.
No ground, therefore, is made out to interfere with the order passed by the learned trial Court.
No merit.
Dismissed.
(Vinod K. Sharma) Judge
September 01, 2009 R.S.
Bhola Ram
Nand Lal
Vinod K. Sharma
As recorded by the court registry
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