SBCWP NO.6017/2008 - THAKUR BHERU SINGH V/S RAJENDRA SINGH AND ORS. . . : ORDER DATED 26.8.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.6017/2008 Thakur Bheru Singh versus Rajendra Singh and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.D.D.Chitlangi, for the petitioner DATE OF ORDER : 26th AUGUST, 2008. O R D E R 1. Heard the learned counsels for the petitioner. 2. This petition is directed against the order dtd.23.7.2008 whereby the learned trial Court accepted the application under Order 1 Rule 10 C.P.C. filed by the plaintiff No.2 Rajendra Singh on the ground that the plaintiff No.1 P.W.6 had deposed before the Court that he has relinquished his right in the suit property and does not want to pursue the suit for cancellation of sale-deed along with SBCWP NO.6017/2008 - THAKUR BHERU SINGH V/S RAJENDRA SINGH AND ORS. . . : ORDER DATED 26.8.2008 2/3 plaintiff No.2 Rajendra Singh and therefore, on the said application, the learned Court below allowing the said application has removed the plaintiff No.1. Bheru Singh as plaintiff No.1 and added him as defendant No.11 in the suit. 3. Being aggrieved by the said order, the said plainitff No.1 turned into defendant No.11, has filed the present writ petition. The learned counsel for the petitioner submits that his right or share in the suit property ought to have been determined by the learned Court below. 4. This Court finds no force in this submission because it is not a suit for partition filed by the present petitioner against either plaintiff No.1 or other defendants, but it was a suit for cancellation of sale-deed, which both the plaintiffs have filed together. By the impugned order, the plaintiff no.2. Rajendra Singh is, now, alone permitted to pursue the said suit and this Court finds no error in removing the plaintiff No.1 Bheru Singh, present petitioner and transposing him as proforma defendant No.11 in the suit. If the petitioner has any right against the plaintiff no.2, that can only be decided in a separate suit for partition filed by him. SBCWP NO.6017/2008 - THAKUR BHERU SINGH V/S RAJENDRA SINGH AND ORS. . . : ORDER DATED 26.8.2008 3/3 5. With these observations, the present writ petition is dismissed. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.6 Ss/-