ROHTASH SINGH Vs. KALYAN SINGH

JUDGEMENT

(1.) ALLOWED as prayed for. Main Case :

(2.) RESPONDENTS no.5 and 6, in their application Annexure P-1, pleaded that they have purchased the disputed land from defendant- respondent no.4 � Smt. Chander Kala vide sale deed dated 27.12.2007 and it was within the knowledge of the plaintiffs, but still respondents no.5 and 6 herein were not impleaded as party to the suit. They learnt of the pendency of the suit on 21.10.2011, when counsel for plaintiffs disclosed about pendency of the suit in proceedings for correction of khasra girdawari. Thereupon, this application was filed. The said application has been allowed by the trial court vide order Annexure P-2, which is under challenge in this revision petition.

(3.) COUNSEL for the petitioner contended that the application was filed belatedly because respondents no.5 and 6 had allegedly purchased the land from defendant no.4 vide sale deed dated 27.12.2007, whereas application Annexure P-1 was moved on 10.12.2011 i.e. after four years. It was also contended that respondents no.5 and 6, being purchasers pendente lite, cannot be impleaded as party to the suit under Order 1 Rule 10 CPC.