MAHENDRA KAUR Vs. HAFIZ KHALIL

JUDGEMENT

(1.) THIS Full Bench has been constituted to decide the correctness of the decision in Khalil Ahmad v. Additional District Judge, Gorakhpur : AIR 1974 All 422.

(2.) THE facts of the case relevant for deciding the reference are these. Hafiz Khalil, opposite party No. 1 filed Suit No. 309 of 1972 for injunction against Smt. Jiwan Kaur (since deceased) and Sardar Inder Singh restraining them from making any construction on the land in suit, and further from interfering in his right of egress and ingress over the land in dispute.

(3.) HAVING held that the delay had not been satisfactorily explained, as there was no sufficient cause for condonation of delay and setting aside the abatement, the learned Munsif rejected the application on 31st January, 1978. Being of the opinion that the heirs of the deceased Smt. Jiwan Kaur could be brought on record under Order 1, Rule 10 of the Code of Civil Procedure despite the rejection of the substitution application and the applications for setting aside abatement and condonation of delay, the Court directed for impleadment of the heirs of the deceased Smt. Jiwan Kaur on 31st January, 1978. Learned Munsif relied on Khalil Ahmad v. Additional District Judge (supra) for directing impleadment of the heirs of the deceased Smt. Jiwan Kaur. In this case, a Division Bench of this Court held that Order I, Rule 10(2) of the Code of Civil Procedure gives power to the Court to implead any person as a party when such impleadment is necessary to enable the Court to effectually adjudicate upon the questions involved in the suit. Inaction of the Plaintiff to implead or bring on record a person as Defendant, according to the Division Bench, cannot affect the Court's power under this Rule.