SARDAR HARBANS SINGH Vs. E R SRINIVASAN

JUDGEMENT

(1.) This is a petition for revising under Section 115 of the Code of Civil Procedure an order of the Sub Judge, 1st Class, Delhi allowing an application made under Order I rule 10 of the Code of Civil Procedure and directing that the applicant be impleaded as a defendant in Suit No. 836 of 1973. The plaintiffs are the petitioners.

(2.) Sardar Soham Singh was admittedly the owner of premises bearing No. 4/65 W.E.A., Karol Bagh, New Delhi. He died on 12-5-1965 leaving behind four sons and three daughters who are the plaintiffs in the above suit. Sohan Singh as well as all his children have alt along been residents of Bangkok. Thailand and the suit has been filed through their "Mukhtar Am" Sardar Amar Singh who resides in the above premises in Karol Bagh.

(3.) This suit was instituted by the plaintiffs against one Srinivasan (the first respondent herein) for the recovery of possession of a portion of the ground floor of the above premises (namely two rooms, kitchen,, bath and W. C.). The plaint in the suit dated 1-8-1973 was a very short one. It alleged that the defendant was in unauthorised possession of the portion in dispute and had refused to surrender possession to the plaintiff's or to Amar Singh, though called upon by them to do so, the final refusal having been made "since a week back". It was' therefore prayed that a decree for possession of the premises (marked red in the annexed plan) and for costs be passed in favour of the plaintiffs against the defendant. Summons to the defendant by registered post was directed to be issued on three occasions but were returned on the ground that the premises were locked. Thereupon the plaintiff filed an application under Order V Rule 20 staling that the defendant "was avoiding service intentionally". On 1-11-1973 the Court directed that he may be served by publication in a newspaper and the suit was posted to the 4th December, 1973.