- (1.) THIS petition has been filed against the order dated 1st August, 2012 passed by the Civil Judge (Jr. Division) and Judicial Magistrate, First Class, Dholpur dismissing an application under Order 1 Rule 10 of CPC filed by the petitioner.
(2.) THE facts of the case are that one Pappu respondent no.2 herein filed a suit before the trial court as plaintiff against the Nagar Palika Mandal, Dholpur in respect of a parcel of land stating that the Nagar Palika had issued a notice for his dispossession. On the plaintiff's suit, Nagar Palika filed written statement and in the impugned order the learned trial court has recorded the factum that the suit is pending at final stage. At this stage, the applicant (petitioner herein) moved an application under Order 1 Rule 10 of CPC for impleadment as party in the said suit stating that plot in respect of which the suit had been laid by the plaintiff was in her ownership. The learned trial court considered the application for impleadment under Order 1 Rule 10 of CPC and recorded that there is no question of rights of the applicant being affected because the suit as laid was not for declaration but only for permanent injunction. The learned trial court held that aside of the aforesaid fact, the applicant seeking ownership of the plot was free to bring in his own suit, if so warranted. The trial court also held that to implead the applicant as party in the suit at the belated stage would be unjustified entailing only delay in the conclusion of the trial.
(3.) HEARD the learned counsel for the petitioner and perused petition including the impugned order.;