Manoj Kumar v. Kuldeep Gupta @ Vishal Gupta And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5227 of 2014 ====================================================== Manoj Kumar S/O Late Gulab Chand Prasad Resident of Mohalla Sahebganj, Butanbari, P.O. and P.S. Chhapra Town, District Saran. .... .... Petitioner

Versus

1. Kuldeep Gupta @ Vishal Gupta

2. Navin Gupta Both Sons of Suresh Prasad Residents of Mohalla Mauna Phatak, P.O. And P.S. Chhapra Town, District Saran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Mishra, Adv. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 10-02-2016 Heard the learned counsel, Mr. Dineshwar Mishra, for the petitioner.

By the impugned order dated 03.10.2013 passed by the learned Munsif 1st at Chapra in Eviction Suit No. 11/2012 rejected the application filed by the defendant-tenant-petitioner for adding the vendor of the plaintiff as a party defendant in the suit. Since it is eviction suit, the presence of the vendor of the plaintiff is not at all necessary in the suit for the real question that is to be decided in an eviction suit that is whether there is relationship of landlord and tenant between the plaintiff and the petitioner.

Thus, the court has rightly rejected the application and

Patna High Court CWJC No.5227 of 2014 (3) dt.10-02-2016 2/2 accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J.) Rakhi U