SHYAM DEVI Vs. ADDITIONAL DISTRICT JUDGE COURT NO 2 SULTANPUR
LAWS(ALL)-2014-5-163
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on May 05,2014

SHYAMA DEVI Appellant
VERSUS
ADDITIONAL DISTRICT JUDGE Respondents

JUDGEMENT

- (1.) Heard Shri Anil Kumar Srivastava, learned counsel for the petitioner and perused the record.
(2.) Facts in brief of the present case are that initially, Shrimati Devi/respondent/plaintiff filed a suit for permanent injunction registered as Original Suit No.110 of 1993 before the court concerned. In the said matter, an application has been moved by the petitioner for impleadment as a party, allowed by order dated 19.01.2012.
(3.) Aggrieved by the said order, Shrimati Devi/plaintiff filed a Civil Revision No.120 of 2013, allowed by order dated 21.12.2013 passed by Additional District Judge, Court No.2, Sultanpur with the observation that the on the material on record, the position which emerges out is that prima facie, on the basis of the registered sale deed 12.06.1987, Shrimati Devi is the owner and possession of the property which is a subject matter in a litigation in the pending suit and finding was also given by the revisional court that prima facie, it was also found that the petitioner has got no right or title on the property in question, so there is no justification or reason to implead as a party in the matter in view of the provisions as provided under Order 1 Rule 10 (2) C.P.C.;


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