IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.8448 of 2009. Lalchand @ Lallu son of Shri Kushal Chand VERSUS Additional District & Sessions Judge (Fast Track) No.2 Jaipur District Jaipur and Another Date of Order :::: 24/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. Anoop Agarwal, Counsel for the Petitioner. Per Court : Heard learned counsel for the petitioner and perused the impugned order. The petitioner has challenged the order passed by the learned trial Court by which the application submitted by the petitioner under Order 1 Rule 10, C.P.C. for impleading the alleged erstwhile landlord as party to the suit has been dismissed. Having heard the learned counsel for the petitioner and having gone through the impugned order, I find no jurisdictional error having been committed by the learned trial Court in rejecting the said application. So far as the defense of the petitioner is concerned that is in no manner affected, in case the alleged erstwhile landlord is not impleaded as a party, more over, he is not a necessary or proper party in this suit. The main question on the basis of the written- statement as was submitted by the learned counsel for the petitioner is whether the plaintiff is the landlord and entitled to file the suit. This issue is to be decided on the basis of evidence, the burden of which is on the defendant. For the aforesaid impleading the erstwhile landlord as a party to the suit is not at all necessary. The writ petition is accordingly dismissed summarily. (Dalip Singh) J. ashok/