R. K. Merathia , J. - (1.) This writ petition has been filed against the order dated 18.8.2009 passed by learned 1st Additional Munsif, Ranchi in Eviction Title Suit No. 52 of 2006 rejecting the application dated 10.6.2009 filed on behalf of the petitioners seeking to implead Prakash Chandra Sarawgi as party in the suit.
(2.) Referring to paragraph 13 of the plaint Mr. Rajesh Kumar, learned counsel for the petitioners submitted that the personal necessity pleaded is also with regard to Mukesh Sarawgi son of Sri Prakash Chandra Sarawgi who happens to be the brother of the plaintiff. Referring to a purported letter dated 12.11.2008 (annexure 5), he further submitted that Prakash Chandra Sarawgi asked the petitioner not to pay rent of shop in question to the plaintiff saying that he is also one of the co-sharers of the property and the rent should be remitted to him. He submitted that in these circumstances, it is necessary to implead Prakash Chandra Sarawgi as party defendant in the suit. He further submitted that the judgment reported in 1999 (2) PLJR 319 Birendra Kumar Singh @ Ram Singar & others v. Most. Kalyani Bhanjo & others and Most Nanhaki Devi & others relied by learned court below is not applicable in the present case.
(3.) On the other hand, Mr. Ashutosh Anand, learned counsel appearing for the respondent relying on the said judgment of Birendra Kumar Singh (supra) specially paragraph 10, submitted that even if a co-sharer has colluded with the tenant, the suit is maintainable by other co-sharer and therefore this suit for eviction is maintainable by the plaintiff-co-sharer. He further submitted that Prakash Chandra Sarawgi must be knowing about the present suit or the petitioners could inform him about the pendency of this suit and if he thought proper, he could ask the Court to implead him as party but he cannot be added as party at the instance of the petitioner. He lastly submitted that evidence in the suit is going on.;