Special Appeal dismissed against an order allowing impleadment of a property purchaser in a revision petition seeking cancellation of a relinquishment deed. Court held appellants need not implead other parties but purchaser's status merited inclusion.
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[2023/RJJP/011742]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Special Appeal (Writ) No. 647/2022
In
S.B. Civil Writ Petition No. 761/2022
----Appellants/Non-Applicants
Versus
----Performa-Respondents
For Appellant(s)
: Mr. Vijay Choudhary, Advocate with Mr. Anant Priya Jain, Advocate
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Judgment / Order
24/05/2023
Heard.
This appeal is directed against the order dated 08.03.2022 passed by the learned Single Judge, whereby, learned Single Judge has allowed the petition of the respondents/applicants
(2 of 2) [SAW-647/2022]
[2023/RJJP/011742]
seeking impleadment in the revision petition filed by the respondents herein.
Learned counsel for the appellants would submit that the appellants being in the position of dominus litis, is entitled under the law to initiate proceedings at his own peril and it is not necessary for him to implead other parties.
Learned Single Judge, taking into consideration that the party who sought impleadment as respondent is the one who is the purchaser of the property in dispute. The appellants herein seeks an order for cancellation of the relinquishment deed in respect of the same subject matter.
Therefore, the order of the learned Single Judge does not suffer from any illegality.
The appeal is, accordingly, dismissed.
(ANIL KUMAR UPMAN),J
(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Mohita /2
1 issue framed by the court
Whether the appellants, being dominus litis, were required to implead a purchaser of the disputed property whom the Single Judge held should be impleaded to the revision petition?
Dhanni D/o Bheru W/o Nanu
Manbhar D/o Bheru W/o Nanu
Vikram Singh S/o Shri Ummed Singh
Smt. Pratap Kanwar W/o Vikram Singh
State Of Rajasthan Through Tehsildar Devli
Manindra Mohan Shrivastava
Anil Kumar Upman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
