PBTITIONBR Plaintiff RE8PONDBNT8 Defendants Objectors HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(2271 Ho. 981/2011 Sint. Aasha Devi, Wd/o Murari Lal Saraf, Ay,ed about 50 years, R/o Manendragarh, District Korea (C.G.). VERSU8 1) Snit Preinlata W/o Oinprakash S^atia, aged about 55 years, 2) Mahavir Prasad S/o Oinprakash Sigatia, aged about 30 years, 3) Pawaa Kumar S/o Oiaprakash Sigatia, aged about 28 years, 4) Srikaat S/o Oinprakash Sigatia, aged about 26 yeara, 5) Shakti Saraf S/o Kishan Lal Saraf, aged about 31 years, 6) Ankur Saraf S/o Kishan Lal Saraf, aged about 27 years, AU R/o Manendragarh, District Korea (C.G.). 7) State of C.G. through CoUector Korea, Baikunfhpur (C.G.). WRIT PBTITION UNDER ARTICLB 227 OF THE CON8TITUTION OF INDIA. (8B :Hon'ble Mr. T.P.Sharma, J.) Present:- Mr. Shakti Raj Sinha, Advocate for the petitioner. Mr. Rakesh Dubey, Advocate for the respondents No. 1, 3 8( 4. Ms. Usha Chandrakar, Ad'vocate for the respondents No. 5 & 6. Ms. Sangeeta Mishra, P.L. for the State/respondent No. 7. None for the respondent No. 2. ORDBR (Passedoa 20/09/2011) By fhis petition under Ardcle 227 of fhe Constitution of India petitioner has chaUenged the legality and propriely of the order dated 16/12/2010 passed by 3rd Additional District Judge (F.T.C.), Manendragarh District Koria (C.G.) in civU suit No. 37-A/2007 whereby at the iastance of respondents No. 5 & 6 Court bclow has directed to implead such respondents as a plaiutiff. Mr, Shakti Raj Siuha, Advocate for the petitioiier, Mr. Rakesh Dubey, Advocate for the respondents No. 1, 3 & 4, Ms. Usha Chan.drakar, Advocate for the respondents No. 5 & 6 & Ms. Sangeeta Mishra, P.L. for the State/respondent No, 7 are heard. -<£- ^ 3. Order impugned, copy of fhe plaiat, copy of the application. aud reply perused. 4. Copy of the application, copy of the repty of appUcation filed under Order 1 Rule 10 of the Civil Procedure Code, 1908 reveal fhat iuterest of petitioner and respondents No. 5 & 6 are not one aud saaie therefore respondents No. 5 & 6 caanot l» iuipleaded as plaintiff, ia suitable case they inay iinplead defendaat or Ifaey niay file separate suit aad requested to the Court for joint trial, with these observation order unpugned is hereby set-aside to the exdent of impleading respondents No. 5 & 6 as plaintlff. No cader as to costs. 5. I.A. No. 01 staads disposed of. Sd/- T.P. Sharma Judge f/-