SAVITRI DEVI Vs. CIVIL JUDGE JUNIOR DIVION

JUDGEMENT

(1.) Heard Sri Prem Chandra Chauhan, learned counsel for the petitioner as well as Sri Om Chandra Sahu, learned counsel appearing on behalf of respondent no. 2.

(2.) Controversy raised in the present writ petition is with regard to the scope of provisions contained in Order 1 Rule 10 CPC as the application preferred by the petitioner for impleadment has been rejected by the Additional Civil Judge (Junior Division), Barabanki by means of order dtd. 25/7/2011, which order has been impugned in the present writ petition.

(3.) It has been submitted by learned counsel for the petitioner that respondent no. 2 had filed a suit against respondent no. 3 seeking a decree wherein the a suit for cancellation of sale deed dtd. 28/4/2009 was filed by him. During the pendency of the said suit respondent no. 3 had transferred the property to the petitioner by means of 'hibanama' (gift deed) dtd. 10/8/2009, by means of registered instrument. After execution of gift deed the petitioner had moved an application for impleadment. The said application was opposed by the respondent no. 2, stating that no transfer made during pendency of the suit would be void in terms of Sec. 52 of the Transfer of Property Act and consequently petitioner has not got any right to become a party in the present litigation.