BHANWAR LAL S/O SHRI GORU RAM Vs. BHANU KUMAR S/O SHRI PANNA LAL
LAWS(RAJ)-2017-4-204
HIGH COURT OF RAJASTHAN
Decided on April 20,2017

Bhanwar Lal S/O Shri Goru Ram Appellant
VERSUS
Bhanu Kumar S/O Shri Panna Lal Respondents

JUDGEMENT

DINESH MEHTA,J. - (1.) The present writ petition has been filed laying challenge to the order dated 25.01.2017 passed by the learned Civil Judge, Bhadra District Hanumangarh whereby two applications filed by the petitioner had been rejected.
(2.) Brief facts of the case are that plaintiff filed a suit for eviction against the petitioner-tenant under the provisions of Section 106 of the Transfer of Property Act. During the course of trial, the Court had framed the following issues: "...[VERNACULAR TEXT OMITTED]..."
(3.) Subsequent thereto, the petitioner-tenant filed two applications dated 20.10.2016; one under Order 14, Rule 5 of the code of Civil Procedure, 1908 (hereinafter referred as CPC) for framing of additional issues and another application under Order 1, Rule 10 CPC of the even date, seeking impleadment of Gavari Devi, sister of the plaintiff. By way of the order impugned, learned Trial Court has rejected both the applications inter alia observing that the issue No.2, already framed by the Court takes care of the issues proposed in the application and the stand of the defendants in relation to the payment of monthly rent. As regards the application seeking impleadment of Gavari Devi, the Court below has rejected the same inter alia observing that Gevari Devi even if assumed to be a rent collector, is not required to be impleaded as a party in the suit proceedings.;


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