Judgment · High Court

Shri Rohit Mangal, learned counsel for the petitioners. This writ petition has been filed by the plaintiffs in the suit challenging the order dated 30/1/2012 passed by the Trial Court allowing the application under Order 1 Rule 10 of the CPC filed by Smt. Manorama Sharma and Smt Shashikala Sharma. The application under order 1 Rule 10 of the CPC was filed by the two applicants stating that Shankarlal has three sons namely Kishorilal, Ramesh, and Chandrashekhar and also the two daughters I.e. applicants in the said application. The LRs of Kishorilal and Ramesh have filed the suit for partition against Chandrashekhar alleging that the suit property originally belongs to Shankarlal and the plaintiffs have share in the suit. The two daughters are also claiming interest in the suit property. It is undisputed position before this Court that the above two daughters have also filed a suit against the petitioner as well as the respondent no.1 in respect of the suit property. The Trial Court has allowed the application under Order 1 Rule 10 of the CPC noting the fact that the two applicants namely Smt. Manorama Sharma and Smt. Shashikala Sharma, are the necessary party in the 2 suit. Keeping in view the aforesaid aspect of the matter, no error has been committed by the Trial Court in allowing the application under Order Rule 10 of the CPC. The order which is passed by the Trial Court neither suffers from any jurisdictional error nor the Trial Court has committed any error in allowing the application. Thus, no ground for interference is made out. The writ petition is accordingly dismissed. (Prakash Shrivastava) J U D G E Kratika