- (1.) This order shall dispose of CR Nos.8746 & 8750 of 2014, involving common questions of law and facts. However, to dictate orders, facts have been taken from CR No.8746 of 2014 titled Jaswant Kaur & others Vs. Shrikant Pandey & others.
(2.) Challenge in the present revision petition is to the order dated 09.12.2014 (Annexure P5) whereby the Civil Judge (Sr.Divn.) Panchkula has dismissed the application under Order 1 Rule 10 CPC and rejected the application for impleadment of the petitioners. The reasoning given by the Trial Court is that even if an injunction is passed against the petitioners, it would not be binding upon the applicants and no prejudice will be caused to them. Though the petitioners claim that the plaintiff was a tenant, it could not be said that there was any collusion between the parties and the applicants could prove their relationship of tenant and landlord between them in the petition pending before another Court. Accordingly, there was no necessity for impleading them as proper party in the suit.
(3.) Counsel for the petitioners has submitted that if the petitioners are not allowed to join as party, it would create confusion and their rights would be adversely affected.;