NIRMALA DEVI Vs. DAYAL SINGH GAUR

JUDGEMENT

(1.) BY filing this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 13-2-2007 passed by the I Additional district Judge, Hoshangabad in Civil Suit No. 126-A/2005 whereby her application filed under Order 1 Rule 10 of the Code of Civil Procedure (for short 'cpc') has been rejected.

(2.) BRIEFLY stated, the first respondent/plaintiff filed a suit for possession and removal of encroachment from his land against the respondent nos. 2 to 4. During the pendency of the said suit the second respondent / defendant No. 1 sold the disputed property to the petitioner vide registered sale-deed dated 29-10-2005. On getting knowledge of the pendency of the aforesaid suit in regard to the property purchased by her, the petitioner filed an application under Order 1 Rule 10, CPC seeking her implement as defendant in the said suit. However, the said application of the petitioner has been rejected by the Trial Court vide impugned order on the ground that since the suit land has been sold during the pendency of the suit, the doctrine of lis pendens would apply and, therefore, the petitioner is not a necessary party in the suit. Feeling aggrieved, the petitioner has filed this petition.

(3.) HEARD, learned Counsel for the parties.