Cites 2 docs The Code Of Civil Procedure (Amendment) Act, 1956 Article 227 in The Constitution Of India 1949 Blog Links powered by Rajasthan High Court Zila Mali (Saini) Samaj vs State Of Raj & Ors on 29 July, 2011 name="textfield" rows="27" cols="100"> IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No. 3504/2011 S.B. Civil Misc. Stay Application No. 3166/2011 (Zila mali Saini Samaj V/s. State of Rajasthan & Ors.) Date of Order :: 29th July, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. J.K. Yadav, counsel for the petitioner. BY THE COURT: By way of the instant writ petition, the petitioner has impugned the order dated 8th February, 2011, whereby the learned Additional Civil Judge (J.D.), Bundi, allowed the application filed under Order 1 Rule 10 of CPC and impleaded Sitaram Saini as a defendant-respondent no.4. 2. Having considered the submissions made by the learned counsel for the petitioner and carefully perused the relevant provisions of law as also the impugned order, it is noticed that the learned trial court after considering the rival submissions made by the parties allowed the application filed under Order 1 Rule 10 of CPC and impleaded Sita Ram Saini as party-respondent no.4 for effective adjudication of the suit. Learned trial court is found to have rightly allowed the application filed by the applicant under Order 1 Rule 10 of CPC and the findings of the learned trial court are based on pure findings of the facts. The impugned order is found to have suffered from no infirmity and the writ petition deserves to be dismissed. 3. Jurisdiction under Article 227 of the Constitution cannot be exercised just with a view to upset the pure findings of facts. The extraordinary jurisdiction under Article 227 can be invoked only when the impugned order is found to be totally perverse or contrary to material or it results in manifesting injustice. 4. In view of above, the writ petition being bereft of any merits deserves to be dismissed and the same stands dismissed, accordingly. 5. Consequent upon the dismissal of writ petition, the stay application, filed therewith, does not survive and that also stands dismissed. (MAHESH BHAGWATI),J. DK