HAKAM SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 31.07.2013 (Annexure P/3) passed by learned Civil Judge (Junior Division), Bathinda, whereby application filed by the petitioners under Order 1 Rule 10 read with Section 151 CPC has been dismissed. Brief facts relevant for disposal of the revision petition are that respondent No. 1-plaintiff filed a suit for specific performance of agreement to sell dated 10.08.2007 against respondent No. 1-defendant. In the said suit petitioners moved an application for impleading them as necessary party, which has been dismissed vide impugned order dated 31.07.2013 (Annexure P/3). Hence, this revision petition.

(2.) Heard.

(3.) Learned counsel for the petitioners contended that there was previous litigation between the petitioners and Jaswant Singh, respondent No. 2-defendant and others. In the said proceedings, the land in question was also involved wherein it was held that petitioners were in exclusive possession of the said land and defendants therein including Jaswant Singh were retrained from interfering in possession of the petitioners on the said land measuring 54 kanals 6 marlas. Now, learned counsel for the petitioners states that same very Jaswant Singh has entered into an agreement to sell dated 10.08.2007 with Baldev Singh-respondent No. I/plaintiff. The application filed by the petitioners-applicant under Order 1 Rule 10 CPC was vehemently opposed by the respondent No. 1- plaintiff before the trial Court by contending that the stranger cannot be allowed to be impleaded as a party and the principle of dominus litus shall apply.