SHANKER PRASAD v. BAIJNATH SHARAN VERMA & Anr.
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 O. 1 r. 10
Judgment
eviction suit it is for the plaintiff to not only describe the suit property but also to say who is the tenant against whom he has to seek eviction. No third party has a right to intervene in the matter by claiming that the plaintiff was not a landlord of the tenant in question in suit, rather he is the landlord. This aspect of the matter is not within the scope of eviction suit as a question of title is not to be decided. The view taken by the court below by refusing impleadment of the petitioner as a party to the suit in purported exercise of power under Order 1 Rule 10 C.P.C. does not suffer from any jurisdictional error. That being so, this application is misconceived and is dismissed. (Mihir Kumar Jha,J.) Surendra/
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.