MOHAN LAL Vs. KAILASH RANI

JUDGEMENT

(1.) THE respondent No. 1, herein, filed civil suit against the respondent No. 2, that was decreed in favour of the former against the latter on 06.12.2010. The judgment and decree of the latter date have been assailed by the respondent No. 2 before the 1st Appellate Court. During the pendency of the appeal before the 1st Appellate Court, the petitioners, herein, moved application under Order 1 Rule 10 of the Code of Civil Procedure for impleading them, as respondents. In the application, it was averred that respondent No. 2 had taken a specific stand that the suit of the respondent No. 1 was bad for misjoinder and non -joinder of necessary parties, because as per will dated 10.01.1979 executed by Chanan Dass, the suit property was bequeathed in favour of Yash Pal, Mohan Lal and Pawan Kumar, out of whom Yash Pal has expired.

(2.) ISSUE No. 6, regarding mis -joinder and non -joinder of necessary parties was also framed in the suit. So, it is prayed by the petitioners, herein, that they be impleaded as respondents in the appeal.

(3.) AFTER hearing both the sides, the 1st Appellate Court below vide order dated 16.08.2013 (Annexure P -1) dismissed the application of the petitioners, that was filed by them under Order 1 Rule 10 CPC for their impleadment, as respondents in the appeal.