1/2 S.B.CIVIL WRIT PETITION NO.6792/09 (Basant Lal Mehta & Anr.vs. Avi Mehta & Ors.) DATE OF ORDER : 20/7/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Dinesh Mehta, Mr.Lalit Pareek, for the petitioners. This writ petition is directed against the order dated 18/3/2009, whereby, the learned trial court has allowed the application of applicant Avi Mehta under Order 1 Rule 10 CPC to be impleaded in a suit for partition. The said adoptive son, who was adopted by mother Smt.Dhapu Bai under the registered adoption deed dated 5/4/2008 claimed through his father Madan Lal and, therefore, sought to be impleaded in the present suit. The said application was not opposed by the plaintiff. However, defendant no.3 and 6 – present petitioners opposed his impleadment. Learned trial court in the impugned order dated 18/3/2009 has impleaded the said person considering the adoption of the said applicant by wife of one of the co-sharers Madan Lal on the basis of registered adoption deed and upon no objection from the plaintiff side. Since admittedly, in partition matters all the plaintiffs and 2/2 defendants have the same rights and are in the position of both plaintiff as well as defendant, the adoptive son could naturally be impleaded as necessary and proper party in the suit in hand. Therefore, there is no error in the impugned order passed by the learned trial court. This petition being devoid of merit is accordingly dismissed. Copy of this order be sent to opposite side. (DR.VINEET KOTHARI), J. item no.9 baweja/-