ASHOK KUMAR DUBEY Vs. PARWATI BAI

JUDGEMENT

(1.) Shri R.P. Khare, learned counsel for the petitioners.

(2.) Shri R. P. Khare, learned counsel for the petitioners submits that an application under Order 1, Rule 10, Civil Procedure Code for impleading the subsequent purchaser as defendant was moved on the basis of information that during pendency of the suit defendant/respondent had sold the disputed suit land Khasra No. 326 Area 0.260 Hectare and Khasra No. 373 Area 1.500 Hectare Village Umariya to one Shri R. K. Tiwari, Smt. Sushma Gupta and Anurag Shrivastava by registered sale deeds. This fact was admitted by the defendants' witness Ravishankar Pandey (DW-1) in Para 7 of his deposition. It is further urged that as the present defendants/respondents have alienated the whole of the property and have no more interest and rights left in the suit property, the subsequent purchaser of the suit property is a necessary and proper party for complete and effective adjudication of the suit.

(3.) The respondents had not denied the sale of that suit land, but resisted the application on the ground of pendency of suit. It was further contended that the matter was remanded by the Appellate Court for cross-examination to the respondent witnesses, and the impleadment of new parties would further delay the case, and prayed for dismissal of the application.