- (1.) BY way of the instant writ petition, the petitioners have implored to quash and set-aside the order dated 9th September, 2011, whereby the learned Civil Judge (Jr. Division), Sikrai, District Dausa dismissed the application of the petitioners filed under Order 1 Rule 10 CPC.
(2.) HAVING heard the learned counsel for the petitioners and carefully perused the relevant material on record, it is noticed that late Gyarsa filed a civil suit for specific performance of contract against Shiv Ram and others. During the pendency of the suit, plaintiff Gyarsa expired and his legal representatives were taken on record. The learned trial court settled the issues based on pleadings of the parties, recorded the evidence of both the parties and thereafter the plaintiff-petitioners filed an application under Order 1 Rule 10 CPC imploring to implead Sub Registrar, Sikrai as a party-defendant. The learned trial court dismissed the said application, hence this writ petition. Learned counsel for the petitioners albeit argued that Sub Registrar, Sikrai was a necessary party in the suit and the learned trial court ought to have allowed him to be implead as a party, but he utterly failed to convince the court as to how the Sub Registrar, Sikrai was a necessary party in the suit. During arguments, learned counsel for the petitioners himself admitted the fact that the suit for specific performance of contract could be decided even in the absence of Sub Registrar, Sikrai. He intended to implead the Sub-Registrar as a party in the suit merely for the reason that he being a party in the suit, could facilitate the registration of sale deed provided the suit was decided in his favour. Needless to say that the necessary party in a suit is one in whose absence suit cannot be decided and a proper party is one, in whose absence the suit can be decided, but his presence causes convenience and expedition in deciding the suit. Thus, from no stretch of imagination, the Sub-Registrar, Sikrai, in the facts and circumstances of the case, can be said to be a necessary party in the suit on hand. The learned trial court dismissed the application on the ground that the suit was at the final stage for hearing the arguments and the application was filed belated. I am also of the same view that the Sub-Registrar, Sikrai is not found to be a necessary party in the suit and thus, the writ petition filed by the petitioners deserves to be dismissed at the threshold. For the reasons stated above, the writ petition fails and the same being bereft of any merit stands dismissed. Consequent upon the dismissal of writ petition, the stay application, filed therewith, does not survive and that also stands dismissed. ;