HIGHCOURT OF JUDICATURE CHHATnSGARH: BILASPUR Sinale Bench: - Hon'bte Shri S.R. NAYAK, CJ WRIT PETITION N0.5543 OF 2005 PETITIONER/ PLAINTIFF RESPONDENTS/ DEFENDANTS Krishn Ktfmar, S/o Hari Satnami, Aged about 33 years, Fyo Patwari Halka No.93/48, R.l. Circle Palari, Tahsi! Baloda Bazar District Raipur (C.G.). Versus 1. SadhRam, S/o Chhotu Satnami, Aged 40 years. 2. Vishnu Prasad, S/o Sadh Ram Satnami, Aged 31 years. 3. Bhavendra Prasad, S/o Sadh Ram Satnami, Aged about 26years. AII residents of Village Kodua, Tahsil Palari, District Raipur (C.G.). 4. Collector. Raipur (C.G.). Though State of Chhattisgarh. Present: Mr. Awadh Tripathi, learned counsel for the petitioner. ORDER (Passed on 28th November 2005) This petition is flled under Article 227 of the Constitution of india. The petitioner has filed a suit which is pending in the Court below for declaration and permanent injunction with regard to the suit schedule property. Respondents No. 2 and 3 herein made an application under Order 1 Rule 10 of the Code of Civit Procedure to implead themselves as •2-- ^t~ti';t"='"' Subbu ??' additional defendants No. 2 and 3 respectively. The apptication was opposed by the petitioner herein. The Court below having considered the merits of the matter allowed the application by the impugned order. Heard the learned counset for tiie petitioner and perused the impugned order. It was contended that since the peUtioner/plalntiff has not sought any relief against respondents No. 2 and 3, the Court below ought not to have altowed the'applioation filed by them under Order 1 Rule 10 of the Code of Civil Procedure. The contention is not acceptabte to the Court. It needs to bs noticed that in tha appiication fiied by respondents No. 2 and 3 it was contended that they have acquired a title to the same suit scheduie property under a will, and therefore, it cannot be said that such persons are not proper and necessary parties to the suit. The discretion exercised by the trial Court cannot be iaulted w'rth. 1 do not find any merit in the writ petition. In the result, the writ petition is dismissed, however with no costs. ^——- ——— Sd/- Chief Justice ..^s'