CMPMO 490 of 2008. 3.11.2008 Present: Ms. Salochna Koundal, counsel for the petitioners. Ms. Ruma Kaushik, Addl. AG, for respondents 2 and 3. This petition has been preferred by the petitioners against the order passed by the learned trial Court rejecting application under Order 1 Rule 10(2) of the Code of Civil Procedure for being impleaded as party- respondent in the suit. The learned Court, on the pleadings before it, holds that there is no allegation against the present petitioners Sushma Devi and Harish Chand in the plaint and no relief has been claimed against them by the plaintiffs. Learned Court, therefore, proceeds to dismiss the application. Learned counsel for the petitioners urges that the learned trial Court has acted with material irregularity in exercise of its jurisdiction by ignoring the fact that the rights of the applicants would be adversely -2- affected by any decree which is passed in the suit. From the judgment and order, I do not find that the learned trial Court has been called upon to adjudicate on any right of the applicants. In this situation, this petition is dismissed. It is clarified that it will be open to the applicants to file any suit/proceedings for protection of their rights. The dismissal of this petition shall have no effect on the right of the applicants herein to protect their rights in accordance with law. It would also be trite to observe that the respondents herein not having claimed any relief against the applicants, the decree passed would not be binding on the interests of the petitioners herein. November 3, 2008 (PC). (Dev Darshan Sud), J.