NIJAMUDDIN Vs. NAGAR NIGAM
LAWS(RAJ)-2018-9-181
HIGH COURT OF RAJASTHAN
Decided on September 25,2018

NIJAMUDDIN Appellant
VERSUS
NAGAR NIGAM Respondents

JUDGEMENT

Alok Sharma, J. - (1.) The petitioner-plaintiff (hereafter 'the plaintiff') is aggrieved of the order dated 18-7-2018 passed by Addl. Civil Judge and Metropolitan Magistrate No.4 Jaipur Metropolitan in civil suit No.53/2018 whereby the application under Order 1, Rule 10 CPC for impleading the applicant-respondent No.3 (hereafter 'the applicant') as defendant has been allowed.
(2.) Counsel for the plaintiff submitted that applicant had no concern whatsoever with the land in the plaintiff's possession or the issue in his suit for permanent injunction and was not entitled to be impleaded as a defendant therein. In support of his contention, counsel for the plaintiff relied upon the order dated 27.3.2012 passed by this Court in S.B. Civil Writ Petition No. 15956/2010 (Tulsi Nagar Vikas Samiti v. Bhuvneshwar Kumar AgarwalOrs.) as also the judgment of Madhya Pradesh High Court in the case of Kanhaiyalal and Another v. Nagar Palika Nigam and Khandwa and Another reported in 2001 (3) MPHT 320.
(3.) Counsel for the respondents no. 1 and 2 defended the impugned order dated 18.7.2018 stating it to be just and proper. ;


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