GURMUKH SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This order will also dispose of Civil Revision Petition No. 2120 of 1988, as the question involved is common in both the cases.

(2.) The plaintiff Gurmukh Singh (the petitioner) filed the suit for declaration to the effect that he alone was the owner of the term deposit. The suit was filed against the bank only. In that suit, the other brothers of the plaintiff, Madho Singh an others, filed an application under Order 1, rule 10, Code of Civil Procedure, for impleading them as parties to the suit. They set up a Will executed by their father in their favour bequeathing his entire movable and immovable property to them. That application was contested on behalf of the plaintiff. However, the trial Court found that they were necessary parties; hence directed them to be impleaded as defendants in the suit.

(3.) The learned counsel for the respondents stated at the bar that meanwhile Madho Singh and others, the brothers of the plaintiff Gurmukh Singh, had also filed a declaratory suit, in which the said Gurmukh Singh was a defendant and, therefore, the suits by Gurmukh Singh, petitioner and the suit filed by Madho Singh and others, be consolidated and decided simultaneously. I find force in this contention. It is, therefore, directed that all the three suits be tried in one Court which is senior at that station, if they are pending in different Courts, and be disposed of simultaneously. Both the revision petitions are disposed of accordingly. Since at the time of the motion hearing further proceedings are stayed by this Court, the parties are directed to appear in the trial Court on April 26, 1990.