SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri D.P. Tripathi, holding brief of Sri K.K. Tripathi, learned counsel for the defendants-revisionists.
(2.) This revision has been filed praying to set aside the order dated 13.7.2017 in case No. 1568 of 2013 (Om Prakash Chaurasia v. Vijay Prakash Chaurasia) , passed by the 1st Additional Judge Small Cause Court, Kanpur Nagar, whereby the impleadment application being paper No.70-C under Order 1, Rule 10(2) C.P.C. filed by the defendants revisionists for impleadment of Bank of India through Branch Manager, and M/s. AVS Rotopac Pvt. Ltd., Kanpur as defendant has been rejected on the ground that neither any relief has been sought by the plaintiff against the aforesaid persons nor they are necessary or proper party.
(3.) Briefly stated facts of the present case are that the plaintiff respondent filed a case No. 1568 of 2014 on the ground that he is the sole owner of the disputed property which is being occupied by the defendants-revisionists as licensee and despite termination of the licence the disputed property is not being vacated. Therefore, a mandatory injunction be granted in favour of the plaintiff and against the defendants to vacate the whole disputed house No.133/276 Transport Nagar, Kanpur and damages be also awarded. The defendant no.2 is the son of defendant no.1 who is the real brother of the plaintiff. The case set up by the defendants-revisionists is that the disputed property is the joint family property of which he is the co-owner and not licensee.;