AVTAR SINGH SAHNI Vs. CH KALYAN SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Judge decining the prayer of the legal heirs of Agya Ram for substituting them as applicants in application under Order 1, Rule 10, Civil Procedure Code (the Code, for short) filed by deceased Agya Ram, for being impleaded as a defendant on the ground that he was a necessary party to the suit he being a direct lessee of the property in dispute under the original owner in 1988.

(2.) Ch. Kalyan Singh, Director of New Snow View Transport Pvt. Ltd., Pathankot filed a suit for declaration to the effect that he was the exclusive owner in possession of property No. 1167-A(P) situate on Railway Road, Pathankot and the orders dated August 11, 198 7/02/1989 and September 18, 198s9 passed by the Chief Settlement Commissioner, Gurdaspur, Financial Commissioner, Punjab and Tehsildar (Sales), Pathankot, respetively, proposing to auction the property in dispute, were illegal and void and by way of consequential relief sought permanent injunction for restraining the defendants to the suit were the State of Punjab through Collector, Gurdaspur and Tehsildar (Sales), Pathankot. Agya Ram was a party to the orders challenged in the civil suit. He filed an application under Order 1, Rule 10 of the Code for impleading him as a party defendant to the suit. The application was contested by plaintiff-respondent No. 1.

(3.) During the pendency of the suit, Agya Ram died and an application was moved by Avtar Singh Sahni, Vinay Sahni and Jai Deep Sahni, sons of Atma Ram, for substituting them as successor-in-interest of Agya Ram in the application under Order 1, Rule 10 of the Code. It was stated therein that Agya Ram executed a will dated 1/08/1989 bequeathing his estate in favour the applicants who are his nephews. Agya Ram died on 18/11/1989. The application was contested by the plaintiff-respondent No. 1.