Raj HC | Court allows impleadment of petitioner; quashes trial court order of rejection of petition

Rajasthan High Court: Arun Bhansali J., quashed and set aside the order of the trial court since the trial court erred in rejecting the petition seeking to implead them as a party to the suit.

The present writ petition was filed by the petitioners being aggrieved against the order passed by the Civil Judge. The respondent-plaintiff had filed a suit for declaration of easementary rights and permanent injunction in relation to the right of way and sought permanent injunction by impleading the State as well as the Tehsildar as party defendants to the suit. They had filed an application with the submission that the land in question was a cremation ground and various mausoleums of their ancestors were situated therein and thus they are seeking to be impleaded as party defendants to the suit. The Trial Court after hearing the parties came to the conclusion that the land in question belongs to the State and therefore there were no necessity of applicants being impleaded as party defendants.

The advocate representing the petitioner, Teja Ram submitted that the trial court was not justified in rejecting the application filed by the petitioners, inasmuch as admittedly the land in question was Gair Mumkin Samshan and was being used by the petitioners as the cremation ground.

The advocate representing the respondents, Roshan Lal contended that the trial court was justified in rejecting the application.

The Court upon perusal of the materials available on record stated that the trial court was not justified in rejecting the application on the ground that the land did not belong to the petitioner since the residents of the area had an interest in that land. The Court opined that the trial court should have taken a comprehensive view of the matter and observed that “…the suit was being contested on part of the defendants also was an indicator towards the nature of interest being taken by the State in defending the suit and, therefore, the rejection of application was not justified.” [Hansa Ram v. Moda, 2020 SCC OnLine Raj 276, decided on 17-02-2020]

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