IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.569 of 2009 AMNA KHATOON Versus KRISHNA CHANDRA BISNOI & ORS ----------- 2 10.04.2009 This petition has been filed by the petitioner against the order dated 23.01.2009 passed by Munsif – III, Patna by which her petition under Order I, Rule 10 and Section 151 of the C.P.C for adding her name as defendant in the suit has been rejected. Learned counsel for the petitioner submits that the suit for eviction has been filed by the plaintiff who is not the real owner of the property. Her mother, who is the real owner, has not been made plaintiff in the suit. Similarly, the suit has been filed for eviction against Arya Printing Press, which business is standing and running in the name of this petitioner. But her son has been made a defendant in the suit who has no concern with the business and who is not the tenant of the premises. Her son has already taken this defence in his written statement. However, he submits that since the real owner of the business is this petitioner, she filed a petition for adding her as defendant in the suit, which has been rejected by the - 2 - learned court below by the impugned order. After going through the order of the learned court below it appears that the petition of the petitioner for adding her as defendant has been rejected by the learned court below observing that in case the plaintiff does not prove his case, the suit will fail. It is obvious that the case of the plaintiff has to stand on its own legs. In case the plaintiff does not establish the relationship of landlord and tenant between the parties, the suit will fail. In that situation by not making the real owner of the business as defendant, the plaintiff has taken a risk for which this petitioner has no concern at all. Therefore, at his own volition the petitioner is not required to be added as a party in the suit. In the circumstances, the court below has rightly rejected the petition of the plaintiff for adding her as a party in the suit and therefore I do not find any merit in the revision application. This revision application is, accordingly, dismissed. Kundan (J. N. Singh, J.) - 3 -