9911796707
TMI Blog2013 (12) TMI 1682X X X X Extracts X X X X X X X X Extracts X X X X ..... not legally tenable. It was further prayed that the defendants (respondent Nos. 2 and 3 herein) have no right to interfere with the construction being put up by the plaintiff. The plaintiff also prayed for perpetual injunction restraining the two defendants, their officers/officials/servants from interfering with the suit scheduled property and by directing them not to demolish or cause any damage to the suit schedule property. 3. The appellant, who is plaintiff's neighbour, made applications for his impleadment in the suit and the application for interim relief. The applicant did not claim any right, title or interest in the suit schedule property but claimed that there is infringement of his right of light and air if the construct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laintiff stating that the construction is illegal. Challenging the said notice the present suit is filed. The present suit is filed after withdrawing the previous suit for injunction filed against Municipality said to be filed before issuance of the notice under Section 452 of Municipal Act. In that case the petitioner had already been impleaded on his application as he was expressing the grievance of the infringement of his right for light and air in view of the construction of the plaintiff. Having considered the decisions relied by either party to my considered opinion, the decision relied by the third party petitioner is that similar facts as of the present case on hand wherein the Court held that though the said third party is not a ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. It is not disputed that previously in the similar circumstances, this Court by common order dated 25.10.2010 in CRP Nos. 2870 and 3882 of 2010, dismissed the said revision petitions and confirmed the orders passed by the trial court, permitting the first respondent to come on record as defendant in the said suit OS No. 960 of 2010 and copy of the said order is placed on record. The issue raised in the present revision petitions virtually covered by the said earlier order dated 25.10.2010 in CRP Nos. 2870 and 3882 of 2010 and adopting the reasons mentioned therein, the present revision petitions are also dismissed. 6. The respondent No. 1 then made applications for review of the order of the High Court dated 08.06.2011. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st respondent herein would be a proper and necessary party having regard to the nature of the relief prayed for in the present suit is a matter to be considered independently, irrespective of impleadment of the first respondent herein in the earlier suit, which was filed only for injunction. The trial court has to consider the question as to whether or not the first respondent is a proper and necessary party to the present suit in the light of the documents now sought to be filed by the petitioner. Order 1 Rule 10 CPC contemplates the impleadment of proper and necessary party, whose presence before the Court is necessary to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding, shows that the High Court instead of repeating the reasons which it had given in other revision petitions being CRP Nos. 2870 and 3882 of 2010, while it was fully conscious of the fact that those civil revisions arose from a different suit followed its order in CRP Nos. 2870 and 3882 of 2010. The High Court was fully conscious of the factual and legal position while it was considering the civil revision petitions filed by the present respondent No. 1. In the order upon which reliance was placed by the High Court while dismissing the civil revision petitions, the High Court had noted thus :- No doubt, no relief is sought for against the proposed party in the suit. The object of Order 1 Rule 10(2) C.P.C. to implead a third party to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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