RUPINDER KAUR Vs. MUKHTAR SINGH

JUDGEMENT

(1.) Respondent no.1-plaintiff filed suit against respondent no.2- defendant. Respondent no.2 is son of respondent no.1. Appellant, who is wife of respondent no.2 and is daughter-in-law of respondent no.1, was not made party to the suit. Respondent no.1 has been granted decree for mandatory injunction directing respondent no.2 to vacate the disputed portion of House No.320, Sector 35-A, Chandigarh on the ground floor. Appellant had moved application under Order 1 Rule 10 of the Code of Civil Procedure (in short " CPC) in the trial court for becoming party to the suit inter alia on the ground that she is residing in the disputed portion along with her two children and both the respondents i.e. plaintiff and defendant had connived to get the suit decreed so as to oust the appellant without making her party to the suit. The trial court dismissed the said application and decreed the suit on the same day. Appellant preferred first appeal, which has been dismissed by the lower appellate court being not maintainable as appellant was not party to the suit. Feeling aggrieved, appellant has filed instant second appeal.

(2.) I have heard learned counsel for the appellant and perused the case file.

(3.) Learned counsel for the appellant contended that the appellant has already filed petition under the Protection of Women from Domestic Violence Act, 2005 (in short " the Act), wherein she has been granted interim order of residential right in the suit portion, but respondent no.1 is executing the impugned decree to get her evicted therefrom. However, if there is interim order in favour of the appellant under the Act, prima facie she would not be liable to eviction from the suit portion in execution of the impugned decree in the instant case, to which the appellant was not even party. Appellant would have liberty to get her right adjudicated upon in the petition under the Act or under any other independent proceeding. The appellant is not bound by decree passed in the instant case as she is not party to the same.