MALKIAT KAUR Vs. AJMER SINGH

JUDGEMENT

(1.) Plaintiff Malkiat Kaur has filed instant revision petition under Article 227 of the Constitution of India assailing order dated 7.8.2009 passed by learned Civil Judge (Junior Division), Samrala, thereby allowing application moved by respondent No. 1 Ajmer Singh under Order 1 Rule 10 of Code of Civil Procedure (in short, CPC) for being impleaded as party to the suit instituted by petitioner-plaintiff Malkiat Kaur against her husband Sucha Singh respondent No. 2 herein and thereby ordering impleadment of Ajmer Singh as party defendant to the suit.

(2.) Petitioner has filed suit against respondent No. 2 for maintenance. She has claimed arrears of maintenance for three years preceding the filing of the suit @ Rs 3000/- per month amounting to Rs 1,08,000/-. The petitioner also claimed future maintenance at the same rate of Rs 3000/- but by amendment of suit, the petitioner claimed future maintenance @ Rs 10,000/- per month. The petitioner has also sought creation of charge over the suit land owned by respondent No. 2 for the amount of maintenance.

(3.) Respondent No. 1 herein moved application under Order 1 Rule 10 CPC for being impleaded as party to the suit alleging that respondent No. 2 entered into agreements to sell dated 20.11.2004, Annexure P/4 and dated 17.11.2004, Annexure P/3 for sale of the suit land to respondent No. 1 herein. Respondent No. 1 claimed protection under Section 53-A of the Transfer of Property Act (in short TP Act). Respondent No. 2 herein in the written statement filed in the suit admitted the said agreements. On these allegations, respondent No. 1 claimed to be necessary party to the suit.