SUCHA SINGH Vs. SHER SINGH

JUDGEMENT

(1.) On 23rd February, 1965, Hari Singh sold the land in dispute to Sucha Singh and his two brothers Sohan Singh and Mohinder Singh, defendant Nos. 1 to 3, by means of two registered deeds dated 23rd February, 1965, and 12th April, 1965. Hari Singh died in 1967. On 15th July, 1970, Sher Singh, brother of the vendor, brought a suit for a usual declaration that the said sale was without consideration and necessity and it would not affect his reversionary rights, because the property involved was ancestral. As a consequential relief, he also sought possession of the property, the vendor having died earlier than the institution of the suit. Apart from the vendees the plaintiff impleaded one Hari Chand also as defendant No. 4, because he was said to have exchanged some part of the land with the vendees. The plaintiff also impleaded his sister Shrimati Balwant Kaur as defendant No. 5, because she was at that time not agreeable to become a plaintiff.

(2.) During the pendency of the suit on 26th August, 1971, Balwant Kaur filed an application under Order 1, rule 10, Code of Civil Procedure, for being transposed as a plaintiff.

(3.) This application was opposed by Sucha Singh, defendant No. 1. His case was that she had no right to challenge the alienation made by her brother and he also maintained that she could not be impleaded as a plaintiff, because the limitation for filing a suit of a similar nature by her had expired.