HIGH COURT OF JQDICATURE CHHATTISGAgH: BILASPUR SINGLE BENCH : HON’BLE SHRI SR. NAYAK, CJ W.P. No.4908 of 2004 Gulam Usmaan Khan, aged about 67 years. son of Late Haji Sufi Abdul Gaffar Khan. Occupation - Agriculturalist, resident of Village Urla, Tehsil Abhanpur, District Raipur (C.G.) VERSUS 1. Gulam Hussain Khan, aged about 45 years, son of Late Haji Sufi Abdul Gaff Khan, Occupation Agriculturalist. resident of Village Uria. Tehsil Abhanpur, District Raipur (C.) ; 2. Mohd. Akram, son of $hri Karim @ Bhai Miyan, Occupation — Agriculturaiist, aged about 47 years, resident of Nayapara, Raipur (C.) Present: mt. Fouzia Mirza. learned counsel for the petitioer. Shri Gautam Bhaduri. Iearned counsel for the res.No.1. Shri B.P. Sharma and Shri Ajit Singh, learned counsel for respondent o. 2. Passed on 0 September, 2006) An application made by the petitioner herein under Order 1 Rule 10 read ith Sectio 151 of the Code of Civil Procedure to lmplead W n himself as a party-defendant to the Civi Suit No. 58-N2003, instituted by the 15‘ respondent herein for declaration, has been rejected by the impugned order dated 23-07-2004 passed by the Court below. (2) lt is the case of the petitioner that he and the 1" respondent are [direct brothers; the suit scheduled properties were purchased by their deceased-father, and that in a family settlement dated 20-03-1 981, the suit scheduled properties fell to the share of the petitioner and since then he has been in actual possession and enjoyment of the same. In other ar - G. Defe._ndan_ .G S n N ORAL ORDER 4m l words, the petitioner denies the claim of the 1" respondent that he is the absolute owner of the suit scheduied properties. / (3) The object of impieading a person as a party-respondent or defendant to a legal action is to avoid duplicity or multiplicity of legal actions. ln view of the specific plea raised by the petitioner to contest the claim of the 15‘ respondent, it cannot be said that the petitioner is not a necessary and proper party to the suit. A person who is a necessary and proper party to a suit can be impleaded under the provisions of Order 1 Rule 10 of C.P.C. In that view of the matter, i allow the writ petition, set aside the impugned order of the learned Trial Judge and allow the application filed by the petitioner under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure as prayed for and the petitioner shall stand impleaded as defendant No.2. No costs. Sdl- cmiet Justice