Pramod Kumar Srivastava, J. - (1.) This revision has been filed against the order dated 4.5.2013 passed by Additional District Judge, Court No. 10, Varanasi in original suit no. 142/2007, Hazi Raees Ahmad v. State of U.P. , by which application 89-Ka under order I, rule 10 C.P.C. for impleadment of applicant (present revisionists) was rejected.
(2.) Present revisionists had filed original suit no. 292/2007, Akib Zamal and others v. Hazi Raees Ahmad , under order I rule 8 CPC for the relief of permanent injunction. Their case was that disputed land belongs to park to be used by plaintiffs and members of public, but defendant is unlawfully attempting to encroach upon said park land and raise construction over it. Therefore, plaintiffs had filed suit for the relief of permanent injunction on behalf of them and for general public in the court of Civil Judge (Senior Division), Varanasi.
(3.) Another original suit no. 142/2007, Hazi Raees Ahmad v. State of U.P. , was also filed by Hazi Raees Ahmad (who is defendant in original suit no. 292 of 2007). In this suit plaintiff Hazi Raees Ahmad claimed himself to be the owner of disputed land, and sought relief against the State for the same property, which was alleged by present revisionists (plaintiffs of original suit no. 292/2007) to be the land of public park. Then revisionists had moved application 89-Ka under Order 1, Rule 10 CPC in the court below for being impleaded as defendants in original suit no. 142/2007 on the ground that they have right of user of said public park land and any adverse order in original suit no. 142/2007 may adversely affect their legal rights.;