BANSHI LAL SHUKLA Vs. HAMRAJ KUMAR SHUKLA

JUDGEMENT

(1.) This Petition is directed against the order dtd. 11/10/2022 passed by 1st Additional District Judge, Janjgir, District Janjgir-Champa whereby, the application filed by the Petitioners/Defendants No.1 & 2 under Order 1 Rule 10 CPC to implead the wife of Respondent No.1/Plaintiff, was dismissed.

(2.) Brief facts of the case are that Respondent No.1/Plaintiff has filed a Civil Suit for declaration of title and permanent injunction asserting that gift deed dtd. 22/2/2022 of the ancestral property be declared as null and void and each of the parties i.e. Plaintiffs and Defendants No.1 & 2 be given one-fourth share in the suit property. It is alleged that Petitioner No.1/Defendant has executed a gift deed in favour of his own son i.e. Petitioner No.2/Defendant, therefore, the same could not be executed. Defendants No.1 & 2 had also filed a counter claim stating that the property recorded in the name of the Plaintiffs be also partitioned and claimed one-fourth share of the said property. Petitioner No.1/Defendant has also pleaded that Khasra No.385/2011 area 0.0240 hectares was purchased in the name of wife of Respondent No.1/ Plaintiff namely Kavita Devi and they have also sought partition of such land though the Plaintiff has asserted that such land is acquired by Kavita Devi herself out of her own income. The Petitioners have moved an application under Order 1 Rule 10 CPC to implead Kavita Devi as a party Respondent, which was dismissed by the impugned order.

(3.) Learned Counsel for the Petitioners submits that as the Petitioner/Defendant Nos.1 & 2 have also filed counter claim and as such, their status is of Plaintiffs, therefore, they have a right to choose the person against whom any cause of action arises. He further submits that the trial Court has grossly erred in holding that no plea has been taken by Defendants in counter claim with respect to Khasra No.385 and also submits that the issue whether Khasra No.385 is a self acquired property of Plaintiff or it is purchased out of the income of joint hindu family is a matter of evidence and prays to quash the order impugned.