RATTANJOT KUMARI Vs. KAMLA WATI AND OTHERS

JUDGEMENT

(1.) This order will dispose of two revision petitions preferred by the petitioner, one impugning the order dated 17.11.2009 whereby application for impleading Arjan Singh as defendant was dismissed and other against the order dated 20.8.2011, whereby prayer to frame an additional issue was rejected, both passed by District Judge, Yamuna Nagar.

(2.) Learned counsel for the petitioner has argued that plaintiff is the dominus litus. She was defrauded by Arjan Singh. Thus, her prayer to implead him as defendant deserves to be allowed. The court below erroneously rejected this plea. It also refused to frame additional issue as prayed.

(3.) Learned counsel for respondents No.1 & 2 has, however, vehemently opposed the plea. He has submitted that the prayer for amendment of the plaint and impleadment of Arjan Singh has been made at the appellate stage by the plaintiff. Suit was dismissed way back in the year 2007. Appeal against the said judgment is pending before the court of District Judge, Yamuna Nagar. The court has accepted the prayer of the plaintiff to amend the plaint even at the appellate stage. However, impleadment of a new defendant would reopen the entire controversy. In any case suit against Arjan Singh would be time barred. He has also pointed out that the impugned order was challenged by respondent Kamla Wati and Madhu Suman Gupta. Same was held to be a valid order and revision was dismissed.