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Santosh (Smt.) & Anr. vs. Ramdai & Ors.

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Code of Civil Procedure, 1908–Order 1, Rule 10–Transfer of Property Act, 1882–Sec. 106–Eviction suit against the respondent no. 2–Petitioners sought to be impleaded in the suit on the ground that the defendant did not appear before the Court even after service of notice and the matter was ordered to be proceeded ex-parte, petitioners are living in the premises, and they should be impleaded as the respondent party–Rejection of application–Appreciation of–Petitioners are not residing in the premises in the capacity of tenant–Petitioners have not pleaded in the application that they are having the relationship of landlord-tenant with the respondent no. 1–Held, the application was rightly dismissed.