NEETU SAINI Vs. RAM SINGH (DECEASED) AND ANR

JUDGEMENT

(1.) Cm(M) 657/2013

(2.) In Execution Petition No.7/12, matter was listed on the point whether warrants of possession was to be issued or not. On the very same day, the petitioner moved an application under Section 151 CPC for recalling the order dated 17.05.2013. Admittedly, on said date the matter was only adjourned for 27.05.2013. On the said date, the petitioner filed an application under Order XXI Rule 101 CPC and the same was fixed on 23.08.2013 for reply.

(3.) I note, in the instant petition, the petitioner has arrayed (Late) Ram Singh as respondent No. 1 (dead person) and Mrs. Kirpal Kaur, her own mother as respondent No.2, and no third party having vested interest in the suit property has been made party by the petitioner. Though the instant petition is liable to be dismissed for non-joinder of proper parties, but application under Order XXI Rule 101 CPC is still pending for adjudication, wherein the learned Judge was supposed to pass an order.