Mahesh Bhagwati, J. - (1.) Challenge in this writ petition is to the order dated 23.4.2007, whereby the Civil Judge (Jr. Division), Virat Nagar, Jaipur dismissed the application of the petitioners-applicants filed under Order 1 Rule 10 CPC.
(2.) Learned counsel for the petitioners canvassed that the petitioners are the owners of the land in question, hence they are necessary party in the suit, but the learned trial court arbitrarily rejected their application and gainsaid to implead them as party in the suit.
(3.) Having heard the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that the petitioners have claimed themselves to be the owner of the land in question on the basis of entries in revenue record, but this argument has been rebutted by the learned counsel for the respondents stating that the mutation was entered in the revenue record on the basis of forged Will allegedly scribbled by deceased Harlal. The suit had been pending since 1996 and till 2006, the petitioners-applicants never endeavoured to become a party in the suit. Had they been interested in the suit, they would have filed an application much before and prayed for their impleadment as necessary party in the suit, but they never did so.;