R.H. Zaidi, J. - (1.) Heard.
(2.) By means of this revision filed under Section 115, C.P.C., the applicant challenges the validity of order dated 7.11.2000 passed by the court below dismissing the application filed by the petitioner under Order 1 Rule 10, C.P.C., for impleadment as one of the defendants in Suit No. 1088 of 1989.
(3.) The applicant applied for his impleadment claiming that there was a will in his favour executed by Ganpat Prasad Pandey on 1.6.1985 in respect of the property in dispute, therefore, he was a necessary/proper party in the suit. The Court below found that the applicant was neither a necessary nor a proper party in the suit. It was also observed that the applicant could file his own suit for declaration of his rights or for any other appropriate relief, if he was so advised. The will allegedly relied upon by the applicant was not the last will. In any case, if the applicant was of the opinion that he had some rights in the property in dispute on the basis of the said will, he was at liberty to file his own suit and after filing the suit, he could make an application for consolidation of suits under Order 4-A, C.P.C. The Court below did not commit any error of law or jurisdiction in dismissing the application filed by the applicant under Order 1 Rule 10, C.P.C. as he was neither a necessary nor a proper party in the suit.;