JASWINDER KAUR Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS is a Civil Revision and has been directed against the order dated 16.2.2000, passed by the Additional District Judge, Ludhiana, who allowed the application under Order 1 Rule 10 C.P.C. filed by Smt. Ranjit Kaur, the second wife of Shri Avtar Singh.

(2.) SOME facts can be noticed in the following manner. Shri Avtar Singh was the husband of Smt. Jaswinder Kaur, the present petitioner. He filed a petition under Section 13 of the Hindu Marriage Act against her on 16.4.1988. Ex parte decree was passed in favour of Shri Avtar Singh on 18.8.1988. Smt. Jaswinder Kaur-petitioner filed an application under Order 9 Rule 13 C.P.C. on 2.6.1999 for setting aside the ex parte decree. During the pendency of the application, Smt. Ranjit Kaur, the second wife of Shri Avtar Singh, filed an application under Order 1 Rule 10 C.P.C. for impleading her as a necessary and proper party. This application was allowed vide the impugned order dated 16.2.2000 for the reasons given in paras 5 and 6 of the order which may be read as under :-

(3.) THE reading of the above would show that a person is entitled to become a party to the proceedings if he proves that he is necessary or proper party or his presence is necessary for the adjudication of the case. In the application under Order 9 Rule 13 C.P.C. the scope of the Court which passed the decree dated 18.8.1998 is limited to find out whether there is any sufficient cause for setting aside the ex parte decree or not. The contest in these circumstances would be between Avtar Singh and Jaswinder Kaur. The presence of Smt. Ranjit Kaur is neither necessary nor proper, though she has married to Avtar Singh after the dissolution of the marriage vide decree dated 18.8.1998.