Narendra Kumar Jain, J. - (1.) HEARD learned Counsel for the parties.
(2.) PLAINTIFF -petitioner filed a suit for eviction against the tenant defendant -respondent No. 1 Radhey Shyam wherein the respondent No. 2 Prakash Chand Kumawat filed an application under Order 1 Rule 10 of the Code of Civil Procedure to implead him as a party on the ground that he is collecting rent of the disputed premise from tenant Radhey Shyam, therefore, he is a necessary party and he may be impleaded as party in the suit. The application was contested by the plaintiff on the ground that the disputed premise was let out to tenant by his father late Shri Chhotilal, who had executed a will in his favour and he became exclusive owner of the rented premise after the death of his father Chhotilal and the application filed by Prakash Chand is liable to be dismissed.
(3.) THE learned trial court, vide its order dated 1st June, 2004 allowed the application and impleaded the applicant Prakash Chand as defendant No. 2 in the suit. The said order is under challenge in this writ petition preferred by the plaintiff.;