HIMMAT SINGH SANDHU Vs. JOGINDER SINGH SANDHU

JUDGEMENT

(1.) This is an application by Mrs. Vanita Sandhu wife of Joginder Singh Sandhu. defendant No. 1, under Order I Rule 10 of the Code of Civil Procedure, for being impleaded as a party in the suit.

(2.) To appreciate the contentions raised in the application, brief facts of the suit may be noticed.

(3.) The plaintiff herein, Himmat Singh Sandhu, has filed this Suit against his father, Joginder Singh Sandhu, and his sisters Guramrit Kaur Sandhu and Miachelle Sandhu, for partition of the joint family property and for rendition of accounts. It is his case that his father, two sisters and himself constitute a joint Hindu family. It is averred that plaintiff's mother expired in a road accident on 29th December, 1979. She was also a member of the joint Hindu family. The plaintiff and his father are co-parceners. The details of the immovable property are given in paragraph 2 of the plaint. It is stated that besides that property the family also is possessed of lot of jewellery and other movable properties. Defendant No. 1, it is stated, is the Karta of the joint Hindu family and in that capacity he has been managing the immovable property and also operating the lockers and bank accounts of the family. The grievance is that after the death of Smt. Jasjivan Kaur, plaintff's mother, his father got entangled with an American woman whom the defendant "purported to have married" aid under her influence has started neglecting the members of the family and has further entered into agreements to sell the immovable properties. It is further averred that defendant No. 1 has taken out of India a large amount of money belonging to the famly. It is stated in paragraph 7 of the plaint that defendant No. 1 has appropriated about 10 lakhs of rupees for his own use and for transferring the same in the name of that American woman. Therefore, the present suit seeking partition of the joint Hindu family property by metes and bounds and further for rendition of accounts, has been filed.