S.B. CIVIL WRIT PETITION NO.2035/2008 Smt. Farjana Vs. State of Rajasthan & Ors. Date of order : 22nd July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mrs. Pramila Acharya for the petitioner. --------- 1. This writ petition is directed against the order dated 26.2.2008 (Annex.4) passed by the learned trial court by which the application under Order 1 Rule 10 C.P.C. filed by one Kalu Khan was allowed by learned trial Court. 2. The learned counsel for the petitioner submits that the said applicant Kalu Khan is neither necessary nor proper party as though he was original mining lease holder, he has transferred the said rights by registered sale deed in favour of the present plaintiff- petitioner, who had filed the present injunction suit against the Mining Department. The learned counsel for the petitioner submits that the prayer made in the suit clearly shows that the plaintiff has not claimed any relief against the present applicant and, therefore, he is neither necessary nor proper party. 3. A perusal of the impugned order indicates that the said applicant had alleged against the plaintiff that the alleged sale deed in his favour was forged document and since the original lease deed was executed by Mining Department in his favour, he was a necessary and proper party to be heard in the present suit filed by the plaintiff against the mining department. 4. Having heard learned counsel and perused of the record, this Court finds no error in the impugned order allowing the application under Order 1 Rule 10 C.P.C. 5. The writ petition is found to be devoid of merit, the same is dismissed. [ DR. VINEET KOTHARI ], J. item No.1 babulal/-