CMPMO 196 of 2007. 25.8.2008 Present: Mr. N.K.Thakur, counsel for the petitioners. Mr. V.S.Chauhan, counsel for respondents 1 and 2. This petition has been filed by the defendants before the trial Court against the order of the learned trial Court on an application under Order 1 Rule 10 of the Code of Civil Procedure moved by one Het Ram praying for being impleaded as a plaintiff in the suit. The learned trial Court has allowed the application holding that no prejudice will be caused to the defendants if it is allowed. To say that the order is terse would be stating the very obvious. The application which has been moved is under the provisions of Order 1 Rule 10 and Order 39 Rules 1 and 2 of the Code of Civil Procedure. How this combined application can be moved still remains unclear. No order could have been passed on this application in the form in which it is framed. This petition is accordingly allowed. The order dated 19.2.2007 passed by learned Civil Judge (Junior Division) Court No. II, Hamirpur is quashed and set aside. It will be open to the respondent who was applicant before the trial Court to file such other -2- application in accordance with law as he may be advised. Needless to add that as and when such an application is filed, the Court shall dispose it of in accordance with law with a reasoned order. Records of the trial Court be sent back. Parties to appear before the trial Court on 30.9.2008. The petition is accordingly disposed of. Pending application(s) shall stand disposed of. August 25, 2008 (PC). (Dev Darshan Sud), J.