Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners aggrieved against the order dt. 29.01.2014 passed by the trial Court, whereby the application filed by the petitioner under Order I, Rule 10 CPC has been rejected. The suit was filed by the respondents Smt. Parmeshwari Devi and others against the legal representatives of Hemant Bhargav for eviction from the suit property. The application was filed by the petitioners, inter alia, on the ground that the petitioners were co -parceners alongwith the plaintiffs and a suit filed by them seeking partition of the suit property was pending consideration before the competent civil Court and, therefore, they were necessary parties to the suit.
(2.) The application was opposed by the plaintiffs, the trial Court came to the conclusion that besides the fact that the suit was pending since 1999; the application was belated and as the suit for eviction and not for arrears, it cannot be said that the petitioners were necessary parties to the suit and, consequently dismissed the application.
(3.) It is submitted by learned counsel for the petitioners that as soon as the petitioners became aware of pendency of the suit, the application was filed, the petitioners are not impleaded as parties to the suit, the same is likely to give rise to complications and as the petitioners are co -parceners they were necessary parties to the suit.;