This writ petition challenged the dismissal of an application seeking to implead four additional defendants in a suit. The High Court held that the trial court did not exercise its discretion capriciously or perversely.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18112 / 2017
1/1.Smt. Urmila W/o Lt. Shri Govind Sahay
1/2. Prakash Chand Vaishnav S/o Lt. Shri Govind Sahay,
Both Are Residing At Ras Ka Mandir, Khoji Dada, Badi Basti, Pushkar, Ajmer
----Petitioner-Defendant
Versus
...Respondent-Defendant
----Respondents
For Petitioner(s) : Mr. Sanjay Sharma
HON'BLE MR. JUSTICE ALOK SHARMA
Order
10/11/2017
Heard the counsel for the petitioners-plaintiffs
(hereafter ‘the plaintiffs’) and perused the impugned order dated 16.9.2017, whereby the application filed by the plaintiffs under Order 1 Rule 10(2) readwith Section 151 CPC for arraying of four additional defendants as party in the suit has been dismissed by
(2 of 2)
[CW-18112/2017]
the trial court on the ground of irrelevance of the parties sought to be impleaded as party in the suit as also on the delayed stage at which the application was filed much subsequent to the completion of the plaintiffs’ evidence.
The order on the application filed by the plaintiffs under Order 1 Rule 10(2) CPC is evidently a discretionary one, which has neither been capriciously nor perversely exercised.
There is no force in the petition. It is accordingly
dismissed.
(ALOK SHARMA) J.
Dk
1 issue framed by the court
Whether the application for arraying additional defendants as parties can be allowed after the evidence has been completed
1 provisions across 1 enactments
Govindsahay S/o Shri Kishandas
Manak Lal S/o Lt. Shri Chittarmal Dharmawat
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
