Narendra Kumar Jain, J. - (1.) HEARD learned Counsel for the Petitioner.
(2.) PLAINTIFF -Petitioners have preferred this writ petition challenging the impugned order dated 1st February, 2011 passed by trial Court, whereby application under Order 1, Rule 10 Code of Civil Procedure filed by applicant Smt. Phool Devi has been allowed and Smt. Phool Devi has been impleaded as Plaintiff No. 2 in the suit. Submission of learned Counsel for the Petitioners is that applicant is not a necessary party and further that in case she is impleaded as a party then present suit for eviction will be converted into a suit for title, which is not permissible in the eye of law. Therefore, the impugned order is liable to be set aside.
(3.) I have considered the submission of the learned Counsel for the Petitioners in the light of reasons assigned by the trial Court for allowing the application under Order 1, Rule 10 Code of Civil Procedure.;