WPMS No. 1138 of 2009 With Stay App. No. 6106 / 09 Hon. Prafulla C. Pant, J. Heard Mr. Lok Pal Singh, learned counsel for the plaintiff / petitioner. By means of this petition, moved under Article 227 of the Constitution of India, the petitioner has challenged the order dated 25.02.2009, passed by the trial court [II Addl. Civil Judge (Sr. Division), Dehradun], in Suit No. 551 of 2008, whereby said court has allowed an application moved by third party respondent No. 2 M/s Himalayan housing & construction Pvt. Ltd, to be impleaded as a party in the suit. Learned counsel for the petitioner / plaintiff submitted that the plaintiff has not sought any relief in respect of property in suit against the third party. It is further contended that the cause of action in the plaint is shown only against defendant / respondent Zulfikar Ali Ansari. Perusal of the impugned order shows that in respect of property No. 108 / 2, Rajpur Road (Old No. 20 Nashvilla Road) Dehradun, the third party (respondent No. 2) by moving an application under Order I Rule 10 of the Code of Civil Procedure, 1908, sought its impleadment in the suit on the ground that said property was purchased by the third party (applicant) in an auction after the U.P. Financial Corporation, a creditor, auctioned the property, as the mortgagee failed to pay the debts. Considering the facts and circumstances of the case, the trial court allowed the application of the third party for its impleadment. Having considered submissions of learned counsel for the petitioner / plaintiff and after going through the impugned order, this Court does not find any illegality in the impugned order passed by the trial court, which requires interference by this Court under Article 227 of the Constitution of India. Therefore, without expressing any opinion as to the final merits of the suit, this petition is dismissed summarily. (Stay Application No. 6106 of 2009 also stands disposed of). (P.C. P., J.) 20.07.2009 HN