1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.184/2008 {Smt. Nidhi Sharma Versus Durga Prasad & Others} Date of Order :: 21st August, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Jitendra Singh Tanwar for the petitioner Mr. Anurag Sharma for the respondents BY THE COURT: Admit. Mr. Anurag Sharma appears for plaintiff-respondents no. 1 to 4. Respondent no.5 is only a formal party, therefore, its service is dispensed with. 2. Heard learned counsel for the parties. 3. The defendant-petitioner has preferred this writ petition challenging the impugned order dated 5th November, 2007, whereby her application under Order 1 Rule 10 (2) CPC to delete the name of plaintiff no. 1-Durga Prasad from the array of plaintiff has been dismissed. 4. The learned counsel for the defendant- petitioner contended that in the facts and circumstances of the present case, the plaintiff no. 1 Durga Prasad is neither necessary nor proper party, therefore, it will be in the interest of justice to delete his 2 name from the array of plaintiff. 5. Learned counsel for the respondents defended the impugned order and prayed for dismissal of the writ petition. 6. I have considered the submissions of learned counsel for the parties in the light of reasons assigned by the trial court for rejecting the application filed by the defendant-petitioner under Order 1 Rule 10(2) CPC to delete the name of plaintiff no. 1 Durga Prasad and after considering the same, I do not find any force in the contention of learned counsel for the petitioner. The reasons assigned by the trial court appears to be perfectly justified in the facts and circumstances of the present case and the same do not call for any interference by this Court. I do not find any illegality, perversity or jurisdictional error in the impugned order so as to interfere with the same. There is no merit in this writ petition and the same is, accordingly, dismissed with no order as to costs. (NARENDRA KUMAR JAIN),J. DK 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Stay Application No. 25/2008 In S.B. Civil Writ Petition No.184/2008 {Smt. Nidhi Sharma Versus Durga Prasad & Others} Date of Order :: 21st August, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Jitendra Singh Tanwar for the petitioner Mr. Anurag Sharma for the respondents BY THE COURT: Consequent upon the dismissal of the writ petition, the stay application, filed therewith does not survive and the same also stands disposed of. (NARENDRA KUMAR JAIN),J. DK