1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.9695/06 Ishwar Lal Vs. Addl. Distt. Judge No.4, Japur & Ors. Date of order : 11/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Mohammed Anees for the petitioner. ****** Heard learned counsel for the petitioner. This writ petition has been filed against the order dated 19.10.06 whereby the application filed by the petitioner under Order 1 Rule 10 CPC for his impleadment as defendant in the suit filed by the plaintiff-respondent no.2 against the defendant no.3 and 4 has been dismissed. The aforesaid suit was filed by the plaintiff against the defendants on the ground that they were residing in quarter nos.593 and 594 as its licensees and therefore a decree of eviction be 2 passed. Learned counsel for the petitioner has argued that these two houses were family property of the petitioner and the respondent nos.2, 3 & 4 who are all brothers. It was argued that in fact these houses were allotted to their father when the family was displaced from that part of the country which was formed as Pakistan in 1947. Though the plaintiff was elder amongst all four brothers, but he cannot claim to be a sole owner of the two houses. Having heard the learned counsel for the petitioner and perused the impugned order, I find that the suit in question was filed with the limited prayer that the defendants / respondents were licensees of the plaintiff and they should be evicted. Learned trial court has observed while rejecting the application of the plaintiff 3 that the question whether properties were of joint family and that whether each of the brother had share in the property was neither raised in the subject suit nor was subject matter of examination of the Court. It is made clear that petitioner would have the liberty to file an independent suit either for partition or for declaration of his rights and the judgment that may be rendered in the aforesaid suit filed by respondent no.2 would not in any manner affect his interest in the suit that may now be filed by him. I therefore do not find any good reason to interfere with the order of the learned trial court. With these observations, the writ petition is disposed of. (MOHAMMAD RAFIQ), J. RS/