- (1.) This order will dispose of CR No.3338 of 2012 (O&M) titled Rakesh Kumar vs. Santosh Devi and another & CR No.4413 of 2013 (O&M) titled Santosh Devi vs. Rakesh Kumar and others. By the order dated April 22, 2014 this Court had directed that CR No.4413 of 2013 would be heard along with CR No.3338 of 2012 and that is how both these petitions have been heard together and a joint order passed on the two revision petitions. CR No.3338 of 2012 is taken up first for decision.
(2.) Heard learned counsel on both the revisions for final disposal. CR No.3338 of 2012 This revision is directed against the order passed by the Civil Judge (Junior Division) Bathinda on March 28, 2012 permitting Mrs. Santosh Devi a neighbour of the petitioner to be impleaded as a party to the plaintiff's suit in which he has questioned the action of the Municipal Council, Bhucho Mandi in withdrawing sanction of building plans for constructing a Dharam Kanda on the plaintiff's plot adjoining that of the said neighbour. It transpires that Mrs. Santosh Devi has also filed a suit against the petitioner and the Municipal Council, Bhucho Mandi for a direction to the Municipal Council, Bhucho Mandi to restrict the user of the land of Rakesh Kumar for residential purposes alone and not for commercial activity.
(3.) Mr. Binderjit Singh, learned counsel appearing for the petitioner submits that his suit is restricted in its prayer against the adverse orders passed by the Municipal Council, Bhucho Mandi withdrawing sanction of building plans of the Dharam Kanda. It is his case that the plaintiff is the master of the lis and cannot be compelled to implead parties which are neither proper nor necessary for adjudicating the controversies involved in the suit which is with respect to user of the plot for purposes of allotment made to the predecessor-in-interest of the plaintiff.;