C-^.^o^' IN THB mGH CODRT OF CHHAmSGARH AT BIIASPUR W. P.12271N0. Sl\5^6/3010 PETITIONER Crf^nW. z^a^V /• Krishna Kumar Dewangan, S/o Late Shri Pratapchand Dewangan, Aged about 48 years, Through - Power ofAttomey Holder Pawan Kumar Wadhwa, S/Q Late Shri Sahaj Rain Bhagtani, Aged about 55 years, R/o Maruti Vihar, Mohaba Bazar, Raipur-(C.G.). VERSUS RESPONDNETS :1 y^. C ®<A-n<il»/i»-•) I. ^!?-»tt.f& ^y f^' ^y 9>/\^/ /-l-V|-\/ ,?* 's(?;'''?'" /2. Kavita Sahakari Grih Nirman Samiti, Chhattisgarh Sahakari Samiti, Adhiniyam registered under Grih Nirman, Sansfha No.78/81-82, Through - Secretary / Manager, Office Siddarfh Chowk, Tikrapara, Raipur-(C.G.j. M/s Raja Construction, Through - Mohammad Gulam Ashraf, S/o Haji Abdul Ajim (Bhondu), R/o - Moudha Para Raipur-(C.G.), K.K.Road in front of Masjid. Smt. Manisha Sakhuja ^ed about 35 years, W/o Shri SunU Kuinar Sakhuja, R/o , 35/1404, Punjabi Colony, Katora Talab, Raipur, Tabsfl 8s Distt. Raipur- (C.G.) WRIT^PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA 3. ^m ^ mGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra PETITIONER WntPetition <227) No. 2126/2010 Krishna Kumar Dewangan RESPONDENTS Versus Kavita Sahakari Grih Nu-man Sanuti and otfiers Appearance; Shri Sunil Otwani, counsel for the petitioner. WMT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ORAL ORDER (4.05.2010) Heard. (2) In a suit for declaration and pennanent injunction, fhe petitioner/plaintiffpreferred an application under Order 1 Rule 10 of CPC to implead one Smt. Manisha Sakhuja as defendant No.3 on tfae ground that the said proposed defendant has purchased the suit property and as such she is a necessary party in the suit. (3) The plaintiff's application has been rejected by the Trial Court with an observation that the contents ofthe applieation are not clear as to which particular land with khasra nos. have been purehased by the said proposed defendant. (4) Counsel for the petitioner has submitted that he has annexed copy of the sale-deed dated 30flx March, 2006 (Annexure P-10), whereby the said proposed defendant has purchased plot no. D-1, which is a part ofkhasra no. 323/6. (5) The document Annexure P-10 was not submitted before the Trial Court at Ifae time of deciding the subject application under I'OrderlRulelOofCPC. .^ty.r??; /.r"~tf%> F :^ "^^\ "%a ^ (6) Leamed counsel for the petitioner prays that he may be allowed to renew his ayiplication by submittfng complete particulars and documents in support ofthe application. (7) The submission made by the leamed counsel appears to be reasonable. (8) In the circumstances, Ifae instant petition is disposed of with a direction to the Trial Court that in case the petitioner submits fresh application under Order 1 Rule 10 of CPC along with complete particulars and documents, tiie same shall be considered in accordance with law. Sd//- Prashant Kumar Mishra Judge 7? e'