GOPAL SINGH Vs. RAGHBIR SINGH

JUDGEMENT

(1.) Gopal Singh has filed this revision under Article 227 of the Constitution of India assailing order dated 21.5.2009, Annexure P/5, passed by Civil Judge (Junior Division), Ludhiana thereby dismissing application Annexure P/3 moved by Petitioner under Order 1 Rule 10 of Code of Code of Civil Procedure (in short, Code of Civil Procedure) for being impleaded as party to the suit instituted by Raghbir Singh Respondent No. 1 against Sohan Singh Respondent No. 2. Plaintiff-Respondent No. 1 has filed suit against Defendant-Respondent No. 2 alleging that Plaintiff is owner in possession of the suit property in view of agreement dated 28.4.1995 for purchase thereof from Gurnam Singh. Defendant Sohan Singh in his written statement, inter alia, pleaded that he had purchased the suit property from Gurnam Singh vide sale deed dated 2.9.1994 and became owner in possession thereof and during the pendency of the instant suit, Defendant has sold the suit property to Gopal Singh Petitioner vide sale deed dated 10.7.2007.

(2.) The Petitioner moved application Annexure P/3 for being impleaded as party to the suit on the ground that he has purchased the suit property from the Defendant during the pendency of the suit and therefore, Petitioner is necessary and proper party to the suit.

(3.) The application was resisted by Plaintiff-Respondent No. 1 by filing reply Annexure P/4. It was pleaded that Plaintiff is not seeking any relief against the Petitioner and therefore, the Petitioner is neither proper nor necessary party to the suit.