MANJEET SABARWAL W/O DR. S.S. SABARWAL (D/O LATE MUNSI RAM SALUJA) Vs. CHARAN SINGH SALUJA S/O LATE SHRI MUNSHIRAM SALUJA

JUDGEMENT

(1.) In a suit for specific performance of agreement filed by one Munshiram Saluja on 04.01.1990 i.e. about 27 years back the trial Court has passed the impugned order dismissing the petitioners' application under Order 1, Rule 10 of the Code of Civil Procedure, 1908 ('the CPC' in short) for their impleadment as defendants on the ground that they are also the legal heirs of original plaintiff Munshiram Saluja, therefore, they have interest in the outcome of the litigation.

(2.) It appears, the original plaintiff Munshiram Saluja died on 11.10.2008. One Charan Singh Saluja, S/o Munshiram Saluja moved an application for his substitution allegedly concealing the fact that there are other legal heirs. Charan Singh Saluja did this presumably on the ground that there is a Will in his favour executed by Munshiram Saluja for the subject property, however, the property being yet to become property of Munshiram Saluja or any of his legal heirs, it was not available for bequeath. Such right would accrue in favour of any of the legal heirs of Munshiram Saluja as and when the suit is decreed and eventually executed by execution of sale deed in favour of the plaintiff.

(3.) In the above view of the matter, the trial Court has rejected the application on the ground that the present being a suit for specific performance of agreement and one of the legal heir already representing the deceased plaintiff, non-impleadment of other legal heirs would not cause hindrance to the progress in the suit. Thus, according to the trial Court, the petitioners are neither necessary nor proper party to the suit.