lesi .»!i!ut.c aai-'vwm IN THE HON'BLE HIGH COURT OF CHHATHSGARH XT BILASPURfC.G.-) WRIT PETITION f227V NO.S-2^18 QF 2011 PETITIONER : DEFENDANT N0. 1 Rupuram Sahu, S/o Late Latel Sahu, aged about71 years, R/o Village Kotni, Post Paloud, Via Arang, DistrictRaipur(C.G.) VERSUS RESPONDENTS : / 1 <^^^ -^•^^^v^ :, .^^^%^". . '>r.--^^;.)/"' ' i^^'I''_ 'h..«°*^ ^-".•?:."''^'' ;;1 :1: t. 1<?..' Smt. Neelu Sahu @ Neel Kumari, W/o Babulal Sahu, aged about 51 years, R/o Rajim (Pathri), Tahsil Rajim, District Raipur (C.G.) PLAINTIFF Smt. Sandhya Sahu, W/o Bhushan Lal Sahu, aged about 49 years, R/o Sirpur, Tahsil Mahasamund, District Mahasamund(C.G.) • _DEFENDANTN0.2 / 3. Stateof Chhattisgarh, Through: Collector, Raipur, Tahsil and District Raipur (C.G.) WRIT PETITION UNDERARTICLE 227 OFTHE CONSTITUTION OFINDIA HIGH COURT OF CHHATTISGARH AT BIIASPUR W.P. (227) N0. 2228 OF 2011 Rupuram Sahu PBTITIONER/ DEFENBANT N0. 1 RESP02SDENTS Versus Smt. Neelu Sahu @ Neel Kumari and ofhers. WRIT PETmON UNDER ARTICLE 227 OFTHE CONSTrTUTION OF INDIA (Sinele Bench; Honlle Shri N.K. Afi'arwal. J.l Present : Shri Pushpendra Kumar Patel, counsel for fhe petiUoner. Shri AMul Agrawal, Panel Lawyer for the State. ORAL ORDER {Passed on 28th day of^tril, 2011) Instant petition calls m question fhe legality and propriety of the order dated 22-03-2011 passed by Sixth Civil Judge, Class-II, Raipur. 2. As per petitioner, all the legal heirs of deceased respondent No. 1 are necessary parties in fhe snit. Some of them have not been impleaded. Without unpleadin^ them suit is not maintainable. Therefore, he applied for theu- unpleadment iinder Order 1 Rule 13 of C.P.C. The above application was dismissed by fhe trial Court holding, it is for the plainttff to add all the necessary parties in the suit failtr^ which platntiff wiU suffer consequences and it is not necessary to direct plaintiff for impleading above persons as party in fhe suit against his wishes. 2. Vlawing heard leamed counsel for (he parties and having perused fhe order mipugned, I do not find any ^g.yasSii,^:!%x /f_^^ 'l ..^" ff1 (?, Ulegality ta fhe order passed by Court belaw. The plaintifi' is DomOTKs litus m the matter of impleadinent of parties. If all necessary parties wUl not be unpleaded, then certainly platatiff wUl sufler consequences. 3. For the reasons mentioned herein above, fhe petition fails and is hereby disiuissed. Sd/- ~">-. - N.K. Agrawa!:; Judge f Kvr