RASHPAL SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) Present petition is filed challenging the order dated 26.10.2009 passed by the Additional Civil Judge (Sr. Division), Baba Bakala, whereby the trial Court rejected the application moved by the petitioner under Order 1 Rule 10 CPC for impleading him as one of the defendants.

(2.) Brief facts of the present case are that plaintiff has filed suit for permanent prohibitory injunction restraining the defendants from interfering in the possession of the plaintiff over the suit land measuring 51 kanals 10 marlas. An application under Order 1 Rule 10 CPC was moved by the petitioner to implead him as one of the defendants on the ground that he is co-sharer in possession of suit land and he has given the same to defendant No. 1 on lease (theka) since the petitioner is residing in England.

(3.) In the case of Rahul v. Kewal Krishan,2007 1 PunLJ 464, the learned Single Judge of this Court in paragraph 6 has held as under: