- (1.) Aggrieved by order dated 26.4.2011, Annexure P/5 passed by the trial court, plaintiffs have filed this revision petition under Article 227 of the Constitution of India to assail the said order. By the said order, the trial court has allowed application Annexure P/3 moved by respondents no. 4 to 13 herein under Order 1 Rule 10 of the Code of Civil Procedure (in short, CPC) for impleading them as party to the suit which has been instituted by plaintiffs/petitioners against respondents no. 1 to 3 only as defendants and thereby ordering impleadment of respondents no. 4 to 13 as party to the suit.
(2.) Respondents no. 1 to 3/defendants are Haryana Urban Development Authority (HUDA) and its Authorities. Plaintiffs in the suit instituted vide plaint Annexure P/1 have challenged notice issued by defendants regarding opening of gate on rear side by the plaintiffs in SCO No. 317, Sector 20, HUDA, Kaithal. Defendants in their written statement Annexure P/2 pleaded that residents of Houses No. 47 to 62, Sector 20, HUDA, Kaithal had given written application to the defendants against the intended opening of rear side gate by the plaintiffs in their SCO and on spot inspection, the plaintiffs were asked not to open the gate on back side but they did not bother and therefore, impugned notice was issued.
(3.) Respondents no. 4 to 13 in their application Annexure P/3 alleged that they being residents of the aforesaid houses at the back of SCO of the plaintiffs are the effected persons by opening of the disputed gate by plaintiffs and it was on their application that defendants had issued notice to the plaintiffs and therefore, respondents no. 4 to 13 claimed to be necessary party to the suit.;