LAKHWINDERJIT SINGH Vs. RASHPAL SINGH

JUDGEMENT

(1.) The petitioner is in revision against order dated 30 July, 1991, passed by Sub Judge Class III, Amritsar vide which application filed on his behalf under Order 1 Rule 10, Code of Civil Procedure, to implead him as a defendant to the suit was dismissed. Facts, in brief, giving rise to this petition may first be enumerated.

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(3.) One Ala Singh died, leaving behind his widow Pritam Kaur and five sons namely Jaswant Singh, Rashpal Singh, Gurdip Singh, Gobind Sharan Singh and Harswaran Singh. Swaranjit Singh is the brother of Lakhwinderjit Singh, petitioner, and they are the sons of Harswaran Singh. The suit giving rise to this revision has been filed by Rashpal singh who has challenged two sale deeds dated November 11, 1988 and November 22, 1988, executed by Harswaran Singh in favour of his son Swaranjit Singh. Plaintiff claims to be the owner of the property to the extent of 1/5th share after the death of Ala Singh and Smt. Pritam Kaur. He styles the aforesaid two sale deeds to be void ab initio, illegal, unauthorised, without consideration, the result of misrepresentation and fraud. It may be mentioned here that the said sale deeds came into being on the basis of Power of Attorney that Harswaran Singh was holding on behalf of plaintiff Rashpal Singh. The petitioner filed application under Order 1 Rule 10, CPC, as mentioned above, for being impleaded as a party by staking his claim in the entire property on the basis of Will said to have been executed in his favour by Smt. Pritam Kaur. The learned Sub Judge, after noticing the contentions of the lawyers representing the petitioner, as also the plaintiff, came to the conclusion that the petitioner could not be impleaded as a party to the present litigation. The operation part of the order runs as follows :-