RAGHUVINDER PARTAP SINGH Vs. BATASO AND OTHERS

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution, challenge is to order dated 29.1.2011 passed by the trial Court thereby dismissing the application (Annexure P-3) moved by the petitioner and respondents No.26 and 27 under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure (in short 'CPC') for impleading them as party to the suit, which has been instituted by respondents No.1 to 14/plaintiffs against respondents No.15 to 25 as defendants. Petitioner and proforma respondents No.26 and 27 alleged that they have purchased part of the suit land by way of three different sale deeds on 19.3.2007 during the pendency of the suit from Anoop Chaddha defendant No.10 and from Anurudh Singh and Dalip Singh (not party to the suit).

(2.) Plaintiffs by filing reply (Annexure P-4) resisted the application and inter alia pleaded that the application does not lie under Order 1 Rule 10 CPC but the applicants could file application under Order 22 Rule 10 CPC and could be allowed to continue and defend the suit by stepping into the shoes of their vendor.

(3.) Learned trial court vide impugned order dated 29.01.2011 dismissed the application as the applicants were transferees pendente lite.