Allahabad High Court
M/S ATHARV INFRASTRUCTURE PARTNER SHIVANG DHAKAversusNEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND ANOTHER
- Decided
Holding
The trial court’s order allowing the impleadment of M/s Three C Green Developers Pvt. Ltd. is upheld.
Summary
The plaintiff, M/s Atharv Infrastructure Partner Shivang Dhaka, filed a suit for permanent injunction against the New Okhla Industrial Development Authority (NOIDA Authority) concerning a disputed parcel of land. During the suit, a third party, M/s Three C Green Developers Pvt. Ltd., filed an application under Order I Rule 10 of the CPC to be impleaded, claiming rights based on a lease granted by the NOIDA Authority. The trial court allowed the impleadment, prompting the plaintiff to seek revision to set aside that order. The revisionist argued that the third party had no interest in the disputed land, while the court observed that the lease indicated a direct interest, making impleadment appropriate. Consequently, the High Court upheld the trial court’s order and dismissed the revision.
Issues considered
- Whether M/s Three C Green Developers Pvt. Ltd. can be impleaded as a party to the suit under Order I Rule 10 CPC based on its lease from the NOIDA Authority.
- Whether the trial court’s order allowing such impleadment is legally sustainable.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order I Rule 10
Subjects
- permanent injunction
- impleadment
- Order I Rule 10 CPC
- lease
- land dispute
- revision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL REVISION No. - 155 of 2026
M/S Atharv Infrastructure Partner Shivang Dhaka
.....Revisionist(s)
Versus
New Okhla Industrial Development Authority And
Another .....Opposite
Party(s)
Counsel for Revisionist(s) : Rahul Kumar Yadav, Shiv Ram Dubey
Counsel for Opposite Party(s) :
Court No. - 54
HON'BLE ANIL KUMAR-X, J.
1. Learned counsel for the revisionist and learned counsel for respondents
are present.
2. This instant revision has been preferred by the revisionist with a prayer to
set aside the order dated 30.5.2026 passed by the Additional Civil Judge
(Senior Division), Second, Gautam Budh Nagar in O.S. No. 1974 of 2025
(M/s Atharv Infrastructure vs. New Okhla Industrial Development
Authority).
3. Briefly stated, a suit for permanent injunction was instituted by the
revisionist-plaintiff against the respondent-defendant, NOIDA Authority.
During the pendency of the proceedings, an application under Order I Rule
10 CPC was moved by a third party, which was allowed by the learned trial
court. Aggrieved by the order passed by the learned trial court impleading
M/s Three C Green Developers Pvt. Ltd. as a party to the suit, the
revisionist-plaintiff has preferred this revision.
4. Learned counsel for the revisionist submitted that the disputed land and
the dispute are between the revisionist-plaintiff and the defendant, New
Okhla Industrial Development Authority. The impleaded party, M/s Three C
Green Developers Private Limited, has no concern with the disputed
property and is claiming its rights on the strength of a lease executed in its
favour by the NOIDA Authority. Therefore, the impugned order passed by
the learned trial court allowing the impleadment application of M/s Three C
Green Developers Private Limited is unsustainable and liable to be set aside.
5. Heard learned counsel for the parties and perused the application filed by
CLRE No. 155 of 2026
2
the respondent/third party for impleading it as a party to the suit, along with
the averments made by the revisionist in his suit. It is apparent from a
combined reading of the plaint as well as the application filed under Order I
Rule 10 CPC that the disputed land was earlier leased in favour of the
respondent/third party. Hence, it cannot be denied that the party impleaded
by the impugned order has a concern with the disputed property. Therefore,
the impugned order passed by the learned trial court does not warrant any
interference.
6. Accordingly, the impugned order dated 30.05.2026 passed by the learned
trial court is upheld. This revision is dismissed.
September 23, 2026
Ujjawal
(Anil Kumar-X,J.)
Digitally signed by :-
UJJAWAL
High Court of Judicature at Allahabad
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