[2025:RJ-JP:5128] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12523/2019 Ratanlal S/o. Ramkalyan, Aged About 70 Years, By Caste Mali, Resident Of Raipura Kaithoon Road, Kota (Raj.) ----Petitioner Versus Kailash Bai W/o. Late Ghasilal, Aged About 65 Years, By Caste Mali, Resident Of Raipura Kaithoon Road, Kota (Raj.) ----Respondent For Petitioner(s) : Mr. Shailesh Prakash Sharma, Adv. with Mr. Avi Sharma, Adv. For Respondent(s) : None Present HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 05/02/2025 This civil writ petition has been filed by the petitioner- defendant (for short ‘the defendant’) under Article 227 of the Constitution of India against the order dated 15.02.2019 passed by Additional Civil Judge and Judicial Magistrate No.1 (South), Kota in Civil Suit No.16/2013, whereby the said court allowed the applicant’s application under Order 1 Rule 10 CPC and impleaded him as plaintiff in the suit. Learned counsel for the defendant submits that respondent- plaintiff (for short 'the plaintiff') filed a suit for permanent injunction against the defendant in which defendant filed written statement. After that, step-son of the deceased-Ghasilal filed an application before the trial court under Order 1 Rule 10 CPC and trial Court vide its order dated 15.02.2019 allowed the application filed by the applicant and impleaded him as a plaintiff. Learned [2025:RJ-JP:5128] (2 of 2) [CW-12523/2019] counsel for the defendant further submits that plaintiff filed the present suit for permanent injunction and declaration of the ownership was not to be adjudicated in the present suit. So trial court had committed an error in impleading Ganesh Lal as a party- plaintiff. So, order dated 15.02.2019 passed by the trail Court be set aside. I have considered the arguments advanced by learned counsel for the defendant and perused the impugned order. It is an admitted position that plaintiff filed a suit for permanent injunction against the defendant. Ownership was not to be decided in the present suit. So, in my considered opinion trial court had committed error in impleading Ganesh Lal as a party-plaintiff. So, order dated 15.02.2019 passed by the trial court deserves to be set aside. Accordingly, the petition filed by the defendant is allowed. The order dated 15.02.2019 passed by the trial Court is set aside. Pending application(s), if any, stand(s), disposed of. (NARENDRA SINGH DHADDHA),J AVINASH GULERIA /109