Civil Revision No. 6328 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6328 of 2011(O&M) Date of Decision: 1.11.2011 *** Brij Mohan .. Petitioner VS. Yash Pal & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Amandeep Singh, Advocate for the petitioner. *** ARVIND KUMAR, J. The request of the petitioner to become a party-defendant in the eviction petition filed by respondents No.1 to 6 against respondent No.7, has been declined by virtue of order dated 26.5.2011, which has been impugned in the instant civil revision. Heard. An eviction petition filed by respondents No.1 to 6 against respondent No.7, the father of the present petitioner is pending adjudication, during course of which the petitioner filed an application under Order 1 Rule 10 CPC for becoming party to the suit. It was his case that his father Chaman Lal is not tenant over the property in dispute and the same is under his tenancy. His father has connived with the landlord and as such it has become necessary for him to become a party because he shall be directly and substantially effected by the decision that comes in the eviction petition. The perusal of the paper book reveals that in the written statement filed by respondent No.7 Chaman Lal he has denied the landlord- tenant relationship and has pleaded that Birj Mohan (present petitioner) and others are tenant over the same. The averments made in the written statement completely rules out any connivance of the landlords with Chaman Lal, as claimed by the present petitioner. Furthermore, a specific Civil Revision No. 6328 of 2011 2 issue has been framed by the learned trial Court regarding existence of landlord-tenant relationship between the parties and the same has to be adjudicated upon. Therefore, in the circumstances the prayer made by the petitioner, which otherwise has been opposed by the landlord, who cannot be forced to make a person a party against whom no relief has been sought. The learned trial Court rightly dismissed the application. The instant petition, being without any merit, is accordingly dismissed in limine. (ARVIND KUMAR) November 01,2011 JUDGE Jiten