AMREEK SINGH Vs. KAMLA DEVI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India filed by the petitioner is directed against an interlocutory order of the trial Court dated 20th July, 2010, whereby an application under section 151 CPC filed by the petitioner for his impleadment in civil suit has been dismissed.

(2.) Briefly stated the facts of the case giving rise to this petition are that the petitioner is the son the owner of the suit property, namely of Late Shri Kundanlal Singh. The respondent No. 1 had filed a civil suit for declaration and permanent injunction in respect of the suit property against respondents No. 2 to 4 and had prayed for a declaration that she be declared owner of the suit property on the strength of a sale -deed executed by respondents No. 2 to 4 in her favour on 16th September, 1999. The respondents No. 2 to 4 being the defendants in the suit, in their written statement have denied the execution of the alleged sale -deed 16th September, 1999 in favour of respondent No. 1 being the plaintiff in the suit. The petitioner being the legatee of the owner of the suit property, filed an application under Order 1 Rule 10 CPC for his impleadment on the ground that any declaration in the suit in favour of respondent No. 1 would adversely affect his right of succession to the suit property and also took a plea in his application that respondents No. 2 to 4 were neither the attorney of his late father nor were they authorized to execute the sale -deed dated 16th September, 1999 in favour of respondent No. 1. This application under Order 1 Rule 10 CPC filed by the petitioner was dismissed by the trial Court vide its order dated 13th October, 2009 mainly because the petitioner at that time had not filed the death certificate of his late father and that his application for his impleadment was not supported by his affidavit. Since his earlier application under Order 1 Rule 10 CPC was dismissed on technical grounds, the petitioner filed another application under section 151 CPC, which was supported by the death certificate of his late father and also by his supportive affidavit, and prayed for his impleadment in the suit. The said application of the petitioner has again been dismissed by the trial Court vide its order dated 20th July, 2010 which is the subject matter of challenge in the present writ petition.