MIJAJI LAL Vs. MOOL CHAND AND 4 OTHERS

JUDGEMENT

(1.) Heard Shri Surendra Singh and Shri Ram Surat Saroj, learned counsel for the plaintiff-petitioner and Shri Jata Shankar Pandey, learned counsel for the defendants-respondent nos. 2 and 3.

(2.) Mijaji Lal is before this Court assailing the order dated 28.11.2016 passed by the Additional Civil Judge (Junior Division) Sikohabad, District Firozabad in Original Suit No.332 of 2000 (Mool Chand vs. Indrani Devi) and the order dated 22.8.2017 passed by the District Judge, Firozabad in Civil Revision No.53 of 2016 (Mijaji Lal vs. Smt. Indrani and another).

(3.) Record in question reflects that the brother of the petitioner namely Mool Chand had instituted Original Suit No.332 of 2000 (Mool Chand vs. Indrani Devi) for cancellation of sale deed dated 18.2.1998 executed by Mool Chandra in favour of second and third respondents in respect of Khasra No.510 area 2.647 hec. During the pendency of the suit, Mool Chand died in the year 2003. Thereafter the mother of the petitioner namely Baikunthi Devi was substituted in the aforesaid suit by order dated 31.3.2004 as plaintiff 1/1. The mother of the petitioner was also died on 24.11.2008. Thereafter his another brother namely Khem Chandra filed the substitution application and the same was allowed on 17.2.2010. Thereafter, in the year 2016 the petitioner moved an application under Order 1 Rule 10 of C.P.C. alongwith an affidavit (Paper No.121-A, 122-G) stating that he is interested person and he may also be impleaded as party in the aforesaid Suit. The aforesaid application was rejected by the trial court on 28.11.2016 on the ground that the application was filed after delay of 8 years. Against the aforesaid order, the petitioner filed Revision before the District Judge, Firozabad and the same was registered as Revision No.53 of 2016. The said revision was rejected by the District Judge on 22.8.2017.