- (1.) Challenge in the instant writ petition is to the order dated 4th March, 2011 whereby the learned Additional District Judge No.1, Jaipur District, Jaipur allowed the application of respondent Nos.5 to 8 filed under Order 1 Rule 10 read with Section 151 of CPC for the impleadment as party defendants.
(2.) Having considered the submissions made by the learned counsel for the petitioner and carefully perused the relevant material on record, it is noticed that one suit came to be filed by the plaintiffs - petitioners for declaration and perpetual injunction pertaining to a land bearing Khasra No.932/387 measuring 1 bigha 6 biswa, khasra no.933/506 admeasuring an are of 1 bigha 8 biswa, in all 2 bighas 14 biswa, situated in village Kanota, Tehsil Bassi, District Jaipur along with the house property and a well situated in Khasra No.932/387.
(3.) During the pendency of the suit, the respondent Nos.5 to 8 filed an application under Order 1 Rule 10 CPC imploring the Court to implead them as party defendants as they were the recorded khatedars of the land in dispute. Learned trial court is found to have observed that earlier the said land was recorded in the name of Jagannath and after his death, the names of the legal heirs of Jagannath were entered into in the revenue record, who have filed the application for impleadment in a suit as party defendants. The plaintiffs-petitioners are found to have filed a suit on the basis of Will, which is alleged to have been forged by respondent Nos.5 to 8. The learned trial Court deemed proper to implead them as party defendants for the just and effective adjudication of the suit.;