OM PARKASH BHUTANI SINCE DECEASES Vs. KUL BHTJSHAN

JUDGEMENT

(1.) This revision petition is directed .against the order dated 29th January, 1990 passed by Shri R.S. Mahia, Sub Judge 1st Class, Delhi whereby he has disallowed the application made by the plaintiff, namely Smt Saroj Bhutani for impleading Kumari Deep, who is alleged to have been adopted-during the pendency of the suit by her.

(2.) The facts giving rise to the revision petition are that the husband of the preseat plaintiff, Shri 0m Prakash Bhutani, originally filed a suit for declaration against defendants I to 3, that the plaintiff and defendants I to 3 are the joint owners in the property bearing No. P. 52, Kirti Nagar, New Delhi being members of the Hindu undivided family or even as co-owners. During the pendency of the suit, the plaintiff, Shri 0m Prakash Bhutani, died and the present plaintiff, i.e., Smt, Saroj Bhutani was substituted as a plaintiff in place of the original plaintiff, her husband. It may be noted that defendant No 3 is the mother of the original plaintiff, Shri 0m Prakash Bhutani.

(3.) During the pendency of the suit, the plaintiff, Smt. Saroj Bhutani filed an application dated 7th November, 1989 under Order I Rule 10 read with Order 6 Rule 17 and Section 151 of the Code of Civil Procedure, 1908 that she has adopted Kumari Deepa, then aged about 8 years, daughter of her brother Shri R.K. Khanijow, as her daughter on 11.7.1989 to her husband late Shri 0m Parkash Bhutani and therefore, Kumari Deepa is a necessary party to be impleaded as plaintiff No. 2 in the suit and consequently the plaintiff may be allowed to amend the plaint and include the name of Kumari Deepa as plaintiff No. 2.