GAFUR KHAN Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) This is a revision against an order of the learned Munsif, Bhadrak, allowing the application filed by opposite party 2 under Order 1, Rule 10 Civil P. C. (for short, 'the Code') for impletion as a defendant.

(2.) The petitioners filed Original Suit No. 38 of 1981 for correction of the record- of-rights. Their allegations were that they were the owners of the disputed property but erroneously the same had been recorded, in the name of opposite party 1. During the pendency of the suit, opposite party 2 filed an application under Order 1, Rule 10 of the Code to be impleaded as a defendant on the allegations that the disputed property was a passage used by the members of the public and that he was a necessary party to the litigation.

(3.) The learned Munsif allowed the application holding that the suit land stood recorded as a public road and opposite party 2 being a resident of the locality was vitally interested in the litigation.