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