LEKH RAJ Vs. BALJINDER KUMAR

JUDGEMENT

(1.) LEKH Raj has instituted a suit for permanent injunction in respect of plot No. 320-ZA, Block-A, Model Town Extension Scheme Part-II, Ludhiana that the defendants' be restrained from allotting the aforesaid plot to any person or from dispossessing the plaintiff, Baljinder Kumar moved an application under Order 1, Rule 10 of the Code of Civil Procedure in the trial Court alleging that in fact the plot in question was allotted to him and earlier it was kept reserved for him and even the total price thereof has been deposited by him. Shri K. K. Lomas, Sub-Judge I Class, Ludhiana, allowed the application and ordered that let Baljinder Kumar be also impleaded as one of the defendants. Aggrieved against this order dated 7-10-1991, the present revision has been attempted by Lekh Raj. The Ludhiana Guru Nanak Co-operative House Building Society and the Ludhiana Improvement Trust, Ludhiana are the two Original defendants in the suit.

(2.) ON behalf of the petitioner it has been argued that Baljinder Kumar has not taken up any plea that the plot was allotted to him by the trust-respondent No. 3. On behalf of the petitioner-reliance has also been placed on Raj Kumar alias Rajinder Singh v. Smt. Bimla Kumari (1991-2) 100 P. L. R. 624. Where the original suit was based on a family settlement and the petitioner under Order 1, Rule 10 C. P. C. wanted that he should be impleaded on the basis of a Will. In the aforesaid case application under Order 1 Rule 10 of the Code of Civil Procedure was not allowed because it was observed that the claim on the basis of a Will' was based on an altogether different cause of action. In the case now in hand, the learned counsel for respondent Baljinder Kumar has referred to Annexures R/l/3 which goes to show that the Improvement Trust Ludhiana allotted the plot in question to Baljinder Kumar son of Kartar Chand vide its letter dated 25-1-1989. Besides this on 2-5-1991 a letter was written by the Joint Secretary, Local Government State of Punjab to the Chairman Improvement Trust Ludhiana, which is dated 2-5-1991 directing that the plot in question was not to be allotted to any other person and it was to be kept reserved for Baljinder Kumar This goes to show that the requirement of Order 1 Rule 10 of the Code of Civil Procedure that it is necessary for the determination of the real matter in dispute to add Baljinder Kumar as a party is fulfilled party, is fulfilled.

(3.) ON behalf of the respondent-Baljinder Kumar during the course of arguments it has been pointed out that Civil Writ Petition No. 14284 of 1991, Ludhiana Guru Nanak House Building Society v. The State of Punjab and Ors. is pending in this Court and the dispute regarding; allotment of Plot No. 320-ZA is also a part of the subject matter of the aforesaid writ and in that writ also, Baljinder Kumar has been impleaded as one of the respondents under Order 1 Rule 10 of the Code of Civil Procedure on 29-11-1991.