KAILASHO Vs. JOGINDER

JUDGEMENT

(1.) Plaintiffs no.2 and 3, who are also legal heirs of plaintiff no.1 since deceased, have filed this revision petition under Article 227 of the Constitution of India impugning order dated 11.11.2011 Annexure P-8 passed by the trial Court thereby dismissing application Annexure P-6 filed by the plaintiffs under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure (in short, CPC) for impleading Ishwar Singh, Kamla and Omi as party defendants no.3 to 5 to the suit which has been instituted against respondents Joginder and Yoginder as defendants.

(2.) The plaintiffs alleged that plaintiff no.1 Chanderpati had performed Kareva marriage with Dalip Singh and out of it, plaintiffs no.2 and 3 (petitioners) were born as daughters. In the suit, the plaintiffs have challenged registered release deed allegedly executed by Dalip Singh in favour of respondents/defendants who are his grand sons. The plaintiffs have also alleged that they being heirs of Dalip Singh have inherited the suit property.

(3.) In application Annexure P-6, the plaintiffs alleged that Dalip Singh left behind a son Ishwar Singh and two daughters Kamla and Omi from his first wife Smt. Mewa and they also being natural heirs of Dalip Singh, are necessary party to the suit.