RAJBAHADUR (DEAD) THROUGH SMT. SHYAMA Vs. BANO BEE
LAWS(MPH)-2016-2-156
HIGH COURT OF MADHYA PRADESH
Decided on February 26,2016

Rajbahadur (Dead) Through Smt. Shyama Appellant
VERSUS
Bano Bee Respondents


Referred Judgements :-

L CHANDRA KUMAR VS. UNION OF INDIA [REFERRED TO]
SHALINI SHYAM SHETTY VS. RAJENDRA SHANKAR PATIL [REFERRED TO]


JUDGEMENT

S.C. Sharma, J. - (1.)Parties through their Counsel.
This petition has been filed under Art. 227 of the Constitution of India. A civil suit has been filed by respondent No. 1 2 in the year 1986 for eviction of the tenants and as per the plaint's statement, the petitioner is a sub-tenant. The petitioner in suit which was filed in the year 1986 has filed a return statement on 23/01/2007.

(2.)The application was preferred by the State of Madhya Pradesh for impleadment under Order 1, Rule 10 of the Code of Civil Procedure and the trial Court has dismissed the same on 15/07/2014. It is pertinent to note that the State Government has opted not to challenge the order passed by the trial Court and the petitioner who is a sub-tenant as per the plaint averment has challenged the order.
(3.)This Court has carefully gone through the order passed by the trial Court and the same reflects that on some pretext or the other the trial of the suit which is pending since 1986 is being delayed. The trial court has also observed that it is a suit between landlord and tenant. The trial Court has also observed that State Government is not a necessary party as it is a suit between landlord and tenant. In the considered opinion of this Court, the trial Court was justified in rejecting the application preferred by State of MP by the impugned order dated 15/07/2014. The order passed by the trial Court does not suffer from any jurisdictional error nor from any perversity.


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