CHIRANUJI LAL Vs. DISTRICT JUDGE PRATAPGARH & ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Sharad Nandan Ojha, learned counsel appearing for respondent no.2.

(2.) A suit for permanent prohibitory injunction was filed by one Jeet Lal (respondent no.2 herein) against one Nandi Devi in the year 2004. During pendency of the suit, Nandi Devi appears to have transferred the suit property in favour of the petitioner by means of a sale deed executed on 02.12.2006. The said sale deed was refused to be registered by the Registering Authority and the order refusing registration of the sale deed was challenged by the petitioner before the appellate authority under Sec. 72 of the Registration Act, which too, was dismissed. However, in terms of the order dated 11.12.2008 passed by the Civil Judge (Senior Division) in Civil Suit No. 777 of 2007 the sale deed was registered. The order dated 11.12.2008 passed by the learned Civil Judge (Senior Division) in Regular Suit No.777 of 2007 provided that the registration of the sale deed shall be subject to final judgement in Regular Suit No.96 of 2004.

(3.) During pendency of the Regular Suit No.96 of 2004, the sole defendant therein Nandi Devi died. The petitioner accordingly moved an application before the learned trial court seeking his impleadment under Order I Rule 10 of C.P.C. read with Order 22, Rule 10 of the C.P.C. stating therein that since the sole defendant, deceased Nandi Devi had executed the sale deed in respect of the suit property in favour of the petitioner as such the petitioner be impleaded as a party and he may be permitted to contest the suit. The said application was allowed by the learned trial court by means of order dated 12.05.2014 against which the respondent no.2-Jeet Lal preferred a revision petition bearing No.32 of 2014 which has been allowed by the learned District Judge by means of the impugned judgment and order dated 17.11.2014. It is this judgement and order dated 17.11.2014 which has been challenged in this petition.