LAXMI Vs. SAT NARAIN

JUDGEMENT

(1.) THE petitioners are the minor daughters of one Tejinder Singh. Their applications filed under Order 1 Rule 10 of the Code of Civil Procedure for being impleaded as parties in the civil suit filed on behalf of Sat Narain plaintiff-respondent has been rejected by the learned trial Court vide orders dated January 11, 2003 and September 25, 2003. The petitioners have impugned the aforesaid orders through the present revision petition filed under Article 227 of the Constitution of India.

(2.) PLAINTIFF Sat Narain has filed a suit against one Tejinder Singh-defendant for specific performance of an agreement dated February 12, 1996. the aforesaid civil suit is pending before the learned trial Court. The whereabouts of aforesaid Tejinder Singh are not known and as such he could not be served in the suit through the ordinary process. He was ordered to be served through substituted service. Thereafter he was proceeded against ex parte vide order dated August 8, 2001.

(3.) THE learned trial Court vide order dated January 11, 2003 dismissed the aforesaid application filed by the applicant-petitioner. It was observed that since a period of seven years had not elapsed, therefore, there was no presumption that aforesaid Tejinder Singh has died. On that basis it was held that the applicants could not be impleaded as parties to the suit.