JASDEEP SINGH Vs. M.S. SANDHU

JUDGEMENT

(1.) ASSISTANT Estate Officer, Union Territory, Chandigarh has filed this application under Order 1 Rule 10 read with Section 151 C.P.C. praying that they be impleaded as a party to the afore-noticed regular second appeal. Upon notice non-applicant-respondents filed reply taking preliminary objections with regard to the very maintainability of the application as well as denying the averments on merits. They also stated that the application was misconceived.

(2.) AT the very outset it must be noticed that the regular second appeal preferred by Jasdeep Singh against the judgment and decree passed by the learned first Appellate Court was dismissed by this Court vide its order dated 23.11.1998. The order of dismissal reads as under :-

(3.) THIS Court is primarily concerned with the merits of the very maintainability of the application filed by the applicant under Order 1 Rule 10 of the Code. It is an admitted case between the parties that the Chandigarh Administration was not a party to the suit or at any subsequent stage before any Court till disposal of the regular second appeal by this Court till 23.11.1998. The substance of the prayer is that the Assistant Estate Officer should be impleaded as a party and the order should be recalled. It is contended that the interpretation of Rule 14 in relation to partition should be interpreted by this Court.