PIPAL SINGH Vs. ANOKH SINGH

JUDGEMENT

(1.) This revision is directed against the order dated 15.02.2011 (Annexure P-3) passed by Additional Civil Judge (Senior Division), Zira, whereby an application under Order 22 Rule 10 of the Code of Civil Procedure filed by the applicant, petitioner herein, has been rejected.

(2.) The facts of the case are not in dispute. In a suit filed by respondent Nos. 1 to 6 herein, against respondent Nos.7 to 34, for declaration, the petitioner made an application under Order 22 Rule 10 of the Code of Civil Procedure for substitution as party-defendant in place of defendant Nos. 1 and 13 to 15 in the suit. It was pleaded that during the pendency of the suit, the petitioner had purchased land measuring 41 Kanals and 18 Marlas vide registered sale deeds from defendant Nos. 1 and 13 to 15 out of the suit land and even mutations have been attested in his favour by the revenue authorities. The petitioner further stated that the interest in the part of the suit property having been devolved upon him during the pendency of the suit, the suit be continued against the applicant by substituting him in place of defendant Nos.1 and 13 to15 or in the alternative he may also be added as a party-defendant in the suit. It was also mentioned that prior to the execution and registration of the sale deeds, some agreements to sell had been executed which led to the registration of the sale deeds and resultantly sanctioning of the mutations. The trial Court vide the impugned order has rejected this application on two counts: (i) that the sale having been effected during the pendency of the suit, principle of lis pendence is applicable and the purchaser is bound by the decree that may be passed against the defendant and (ii) that a similar application by some other purchasers was also dismissed by the Predecessor-in-interest of the Presiding Officer.

(3.) I have heard the learned counsel for the parties at length and perused the impugned order.