Code of Civil Procedure, 1908–Order 1, Rule 10–Rejection of application–Appreciation of–Suit for eviction and recovery of arrears–Ground of the petitioner that he is the real brother of defendant-respondent no. 2 and has 1/6 share in the property–Defendant-respondent no. 2 illegally sold the said property to the plaintiff–Petitioner has already filed the suit seeking the cancellation of sale deed–Unless the sale deed is cancelled, and the suit is decreed, he cannot have any right or title in the property–Instant suit is for eviction and if the petitioner is impleaded as a party, it will give rise a fresh dispute with regard to ownership of the suit property–Held, no case is made out for interference.
