PAHELWAN SINGH Vs. LEELA BAI

JUDGEMENT

(1.) The issue in this petition is as to whether the court below was justified in proceeding with the trial of the suit which according to the petitioners contained pleas which should have been challenged by filing separate suits. In a nutshell the argument raised is that there is mis-joinder of cause of action and also parties. With a view to sustain his claim, following factual submissions have been made.

(2.) One Ramsewak, father of the plaintiffs sold different pieces of agricultural land on different occasions to different persons. The date on which sales have been made and the persons to whom these sales were made are noticed below :Date of Sale DeedTo whom Sale Deed was Executed. 26-3-1986Defendant No. 1.26-10-1985Defendant No. 2.10-7-1986Defendant No. 3.26-6-1986Defendant No. 4 and 5.27-6-1986Defendant No. 7 and 8.27-6-1986 Three Sales Deeds in favour of defendant Nos. 9, 10 and 11 by 3 separate sale Deeds.27-6-1986Defendants No. 12 and 13.16-6-19878-10-1987All these sales are being challenged by filing a composite suit. To the adoption of this course, an objection has been taken. This objection is to the effect that sale deeds pertain to different portions of land and these sales were made to different persons. These transactions according to the petitioner should be challenged by filing a separate suit.

(3.) The learned counsel for the petitioners placed reliance on a decision of this court in Kanhaiyalal v. Keshodas, AIR 1961 Madh Pra 46. In the above case, it was observed that two conditions must be satisfied before two or more defendants can be joined in the same suit. These conditions were indicated as under :