SARVINDER SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned Counsel on both sides.

(3.) The admitted facts are that the appellant filed Suit Case No. 253-1 before the Sub-Judge, Ferozepur for declaration that he is the owner of the property on the basis of a registered Will dated 26-5-1952 executed by his mother Smt. Hira Devi and that a declaration to that effect was already given by the Civil Court in another decree dated 29-3-1974. He filed an application under Order XXXIX, Rule 1, Civil Procedure Code for ad interim injunction to restrain the defendants from interfering with his possession and enjoyment of the plaint schedule property situated in Village Dabbla Kanan, Tehsil Fazilka. The interim injunction was granted on 14-6-1991 which subsequently, came to be vacated on 2-12-1991. It would appear that the defendants alienated the self-same lands by registered sale-deeds dated 2-12-1991 and 12-12-1991 in favour of the respondents before this Court. On the basis thereof, they sought to come on record as defendants under Order 1, Rule 10, Civil Procedure Code. The trial Court dismissed the application holding that they were neither necessary nor proper parties to the suit. On revision, the High Court in the impugned order in C.R. No. 323 of 1993, dated 13-5-1993 directed impleadment of the respondents as party defendants to the suit. Thus this appeal by special leave.