- (1.) This special appeal is directed against the order of the learned Single Judge dismissing the writ petition of the appellant. The appellant had filed the writ petition challenging the order by which his application for impleadment in terms of Order 1 Rule 10 of the Code of Civil Procedure was rejected.
(2.) Order 1 Rule 10(2) of the Code provides that the Court may at any stage of the proceedings, either upon or without the application of either party, add any person who ought to have been joined whether as plaintiff or defendant or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit.
(3.) In the instant case the suit was filed in 1995. In course of time it was decreed ex parte in 2006 but on application of the defendant, has been restored to its original file. At this stage appellant filed application for impleadment as a defendant. The case of the appellant is that in his statement the defendant specifically stated about non-joinder of the appellant, and in view of the pleading an issue has also been framed to the effect whether the defendant is a necessary party and in his absence decree can be passed or not. The appellant is therefore a necessary party.;