M/S Kishan Woolen Emporium & Another v. Civil Judge S.D. & Another

Court No. - 7

Case :- WRIT - A No. - 3815 of 2010

Petitioner :- M/S Kishan Woolen Emporium & Another Respondent :- Civil Judge S.D. & Another Petitioner Counsel :- Manu Saxena Respondent Counsel :- P.K. Jain,Saurabh Jain

Hon'ble Devendra Pratap Singh,J.

Despite an order dated 23.2.2010, neither any rejoinder affidavit has been filed nor anyone has appeared on behalf of the petitioner in the revised list to press this petition.

Heard counsel for the respondent and perused the record.

This petition is directed against an order dated 27.4.2009 by which impleadment application of the petitioner in a pending P.A. Case no. 62 of 2006 has been rejected on the ground that neither the petitioner was a tenant nor he was a necessary party. In fact, it has been held that the petitioner is the real brother of the tenant who has already accepted that the contesting respondent is his landlord. It is also relevant to note that the respondent- landlord has also filed a suit for eviction and arrears of rent against the tenant wherein also the petitioner moved an application for impleadment claiming himself to be a tenant. That application was also rejected vide order dated 27.4.2009 on the finding that the tenant is making efforts to prolong the suit and in fact, the petitioner was not a tenant or necessary party.

Having gone through the impugned order, it is apparent that the findings returned are based on evidence on record and are findings of fact which do not appears to be perverse.

Accordingly, the writ petition is dismissed.

Order Date :- 29.3.2010 AU

Neutral Citation No. - 2010:AHC:37172