RAMVIR SINGH Vs. SANGEETA AGGARWAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, impugns an order dtd. 13/2/2019, passed by the learned Civil Judge, whereby the application, under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC), preferred by the petitioner for being impleaded as a party in CS 52353/2016, has been dismissed.

(2.) CS 52353/2016 was filed by Respondent 1, Sangeeta Aggarwal against Respondents 2 to 8. In order to avoid confusion, the parties would be referred to by their first names.

(3.) Sangeeta, in her suit, claimed to be "the owner and in possession of the plot of land measuring 500 Sq. Yds. forming part of khasra no.235, 236, 237, 238 and 239, situated in Village Jaitpur, Abadi, Tehsil Mehrauli, Badarpur, New Delhi-110044" (hereinafter "the said property"). Sangeeta claimed to have purchased the suit property from one Bijender Singh under a duly notarized general power of attorney dtd. 23/12/1996 after paying the entire sale consideration to the said Bijender Singh, consequent whereon it was claimed that Bijender Singh had given physical possession of the property to Sangeeta. At the time possession when the suit property would have to be handed over to Sangeeta, according to her, Bijender Singh represented that the property was free from all encumbrances. Sangeeta claimed, thereafter, to be in settled possession of the suit property, to the exclusion of all other persons.