JANGIR SINGH Vs. MAYA DEVI

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 4.5.1998 passed by the Court of Additional District Judge, Sirsa, who allowed the application under Order 1 Rule 10 Code of Civil Procedure filed by Smt. Kaushalaya Devi, Smt. Rukman Devi and Soma Wati, daughters of Ram Jas praying that they are the legal representatives of Smt. Sabha Devi and if the decree dated 5.5.1998 is set aside, the land measuring 15 kanals 2 marlas would revert back to Smt. Sabha Devi, who has since expired and the applicants being the successors of Smt. Sabha Devi are necessary parties. Some facts can be noticed in the following manner :-

(2.) THE land measuring 15 kanals 2 marlas belongs to Smt. Sabha Devi. She got this land exchanged with Surain Ram, who died. Maya Devi, Kalu Ram, Jai Chand, Hukam Chand, Bagicha Singh are the legal representatives of Surain Ram. The petitioners - Jangir Singh, Kashmir Lal, Suraj Singh, Mohan Lal, Mohan Ram and Smt. Bhagwan Devi filed a suit for declaration challenging the decree dated 5.5.1998. The suit was decreed by the trial Court. Appeal was filed by the legal representatives of Surain Ram before the Court of Additional District Judge, Sirsa. During the pendency of the appeal. Smt. Kaushalaya Devi and others filed an execution application under Order 1 Rule 10 Code of Civil Procedure praying that they should be impleaded as parties under Order 1 Rule 10 Code of Civil Procedure mainly on the ground that if the property is reverted back to Smt. Sabha Devi, they are her legal representatives and, therefore, they are the necessary and proper parties. Court of learned Additional District Judge, Sirsa, vide impugned order and for the reasons given in para 3 of the order allowed the application. Paras 3 and 4 are reproduced as under :-

(3.) I have heard Mr. J.S. Thind, learned counsel for the petitioner and with his assistance, I have gone through the record of this case.