NIMA KAUR Vs. SURJITH SINGH

JUDGEMENT

(1.) Aggrieved against the order rejecting the application for impleading the unsuccessful petitioner, has filed the above Revision Petition.

(2.) The suit O.S.No. 54 of 1981 has been filed by Respondent No. 1 against Respondents 2 and 3 herein in respect of the properties left behind by one Santh Singh. Respondent No. 1 claims to be the adopted son of Santh Singh Respondent No.2 - (Jugna Bai) is the second wife of the said Santh Singh and defendant No. 2 in the suit, Respondent No. 3 herein is daughter and is defendant No. 3 in the said suit. The petitioner herein claims to be a foster daughter of the said Santh Singh and entitled to a share in the estate of Santh Singh by virtue of a Settlement Deed (Ex.B-2) and therefore claimed to be a necessary and proper party to the suit O.S.No. 54 of 1981. A preliminary decree was passed by the Court on 11-10-1990 and an application I.A.No. 697 of 1993 filed by the plaintiff for passing the final decree is pending adjudication and it is at this stage that the petitioner herein filed I.A.No. 1491 of 1993 for impleading her as a party to the said proceedings which by the order under challenge in the above Civil Revision Petition was dismissed.

(3.) Sri M.S.K. Sastry, learned Senior Counsel appearing on behalf of the petitioner contended that the order rejecting the application for impleadment of the petitioner suffers from material irregularity and failure to exercise jurisdiction vested in the Court below and if allowed to stand, it would occasion failure of justice and cause irreparable injury to the petitioner.