- (1.) Heard learned counsel for the parties and carefully perused the impugned order dated 13th July, 2010, whereby the learned Civil Judge (Jr. Division), Sikar dismissed the application of the petitioners-applicants filed under Order 1 Rule 10 CPC.
(2.) The facts of the case are that the respondents no. 2, 3 and 4 filed a suit for declaration, permanent injunction and mandatory injunction together with an application of temporary injunction under Order 39 Rule 1 and 2 CPC against the respondents no. 5, 6 and 7. During the pendency of the suit, the petitioners Gulab Bano and Nasiban Bano filed an application under Order 1 Rule 10 CPC praying that they may be impleadled as party-defendants in the suit. The trial court dismissed the application observing that they were not necessary or the proper party, who could be impleaded as party-defendant. The petitioners have invoked extraordinary jurisdiction of this Court to impugn the said order dated 13th July, 2010.
(3.) Learned counsel for the petitioners canvassed that the respondents-plaintiffs encroached upon the public land, which is said to be a thorough fare and being inhabitants of the village, they have right to protect the public land. In case both the plaintiffs and defendants connive and get the suit decided in collusion with each other, the rights of the public-at-large shall stand adversely affected, hence, they being the residents of the village, have a right to protect the land and, thus, are the necessary party and be impleaded as a party-defendants.;