DINESH MEHTA,J. - (1.) By way of the present writ petition, the petitioners have laid challenge to the order dated 02.06.2017, whereby the petitioners' application dated 25.02.2017, seeking their impleadment has been rejected by the learned Additional Sessions Judge, Shahpura District Bhilwara, Rajasthan (hereinafter referred to as the Trial Court).
(2.) The facts apropos for decision of the present case are that plaintiffs Smt. Ganga D/o Nathu and Lala S/o Nathu filed a suit in the year 2010, for cancellation of sale deeds dated 29.06.1995 and 18.10.1995. The plaintiffs have averred in their plaint that as their father Nathu was an illiterate person, the defendant-Shyamlal took undue advantage and got the aforesaid sale deeds executed in his favour.
(3.) The petitioners being daughters and sons of Lala filed the application under consideration, seeking their impleadment as defendants in the suit proceedings. The learned Court below vide its order dated 02.06.2017 rejected the said application inter-alia holding that in presence of the applicants' father namely Lala, who is the plaintiff, applicants-petitioners are not required for the adjudication of the present lis. While rejecting the said application, the Court below has recorded a categorical findings that the petitioners - applicants being daughters and sons of Lala-the plaintiff, are neither necessary nor proper parties.;