- (1.)THE applicant Mithulal had filed an application under Order I Rule 10 read with section 151, CPC for adding him as a party in the suit pending between the landlord and tenant. Non applicant Bherulal who is the original plaintiff filed a suit for eviction against the non applicants No. 2 Ramnivas, No. 3 Ramgopal and No. 4 Shantilal, all are sons of Prabhulal.
(2.)THE submission of applicant Mithulal in his application is that he is the grandson of late Smt. Sunderbai and he is also the co owner of the disputed house, therefore, he should also be added as a party in the suit. The submission on behalf of the non applicant plaintiff Bherulal is that he is the son of late Smt. Sunderbai. Smt. Sunderbai executed a will on 2.5.1997 in favour of the plaintiff and bequeathe the said home in favour of the plaintiff. Thereafter, on 14.6.1991she died. Since than the premises are in possession of the plaintiff. On 20.8.1994 plaintiff Bherulal inducted one Prabhulal as his tenant in the disputed premises. Now, plaintiff Bherulal has filed this suit against the LRs of tenant Prabhulal. In this suit Mithulal has filed this application for joining him as a party in the suit on the ground that he is also a co owner.
The submission of the applicant Mithulal is that he is a necessary party in the suit as a co owner, therefore, he should be allowed as a party in the suit.

(3.)THE trial Court after hearing the parties has rejected the application or the applicant Mithulal holding that he is not a necessary party in the suit against which he has preferred this revision.