SURENDRA BABU Vs. ABHAY SARAN

JUDGEMENT

(1.) THE order dated 3.12.2012 passed in case No. 5/2001 (12 -A/2001) is called in question in this petition filed under Article 227 of the Constitution. By the said order, the application (Annexure P/4) preferred by defendants No. 2 to 4/petitioners was rejected. A suit for partition, declaration and permanent injunction was filed. During pendency of the suit, the plaintiff sold his property to Maharaj Singh and Lokendra Singh. A sale -deed was executed in this regard. By filing application, Annexure P/4, the defendants No. 2 to 4 prayed that the said persons be impleaded in the suit. It was rejected by the Court below on the ground that plaintiff cannot be compelled to implead anybody as defendant. It is further stated that if any sale has taken place, the said persons are bound by the decree of the Court as per the principle of lis pendens. It is further held by the Court below that matter is pending since 2005 and if the said application is allowed, it will further delay the proceeding.

(2.) CRITICIZING the said order, Shri Jain, learned counsel for the petitioners, submits that the Court below has erred in rejecting the said application. He relied on certain judgments in support of his argument.

(3.) SHRI Sohanlal Dixit, learned counsel for respondents No. 12 to 17 supported the stand of Shri Mishra, learned senior Advocate for respondent No. 2.