- (1.) The present petition has been filed by the petitioners-applicants challenging the order dated 24.8.07 passed by the Addl. Civil Judge (J.D.) No.2, Sikar (hereinafter referred to as 'the trial court') in Civil Suit no. 73/04, whereby the trial court has dismissed the application of the petitioners-applicants for impleading them as party in the suit under Order I Rule 10 of CPC.
(2.) In the instant case it appears that the respondent No.2-plaintiff had filed the suit against the respondent Nos. 3 and 4 and one Saraswati Devi-defendants seeking permanent injunction in respect of the suit premises. In the said suit the respondent Nos. 3 and 4 had filed counter claim seeking mandatory and permanent injunction. During the pendency of the suit the defendant Saraswati Devi expired and her heirs having not been substituted after her death, the suit qua her was abated. It further appears that thereafter the suit of the respondent No.2-plaintiff was also dismissed for want of prosecution and only the counter claim filed by the respondent No.3 and 4 was being proceeded further. In the meantime the present petitioners-applicants submitted an application before the trial court for impleading them as party in the suit proceedings. The said application having been dismissed by the trial court vide the impugned order, the present petition has been filed invoking Article 227 of the Constitution of India.
(3.) It has been submitted by the learned counsel Mr. Ajeet Bhandari for the petitioners that the trial court had framed the issues more particularly Issue No.2 with regard to the gift deed on 12.9.72 and if any finding is recorded in respect of the said issue by the trial court, the same would adversely effect the interest of the petitioners, who are the heirs of one of the daughters of the deceased Saraswati Devi. Hence according to Mr. Bhandari, the petitioners are required to be impleaded as party in the suit proceedings.;