HARI SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) THE challenge in this petition is by the plaintiff vendee to the orders dated 14th November, 2013 and 07th February, 2014 passed by the learned Civil Judge (Junior Division), Nabha in a suit for specific performance of an agreement to sell property initially brought against Darshan Singh, the vendor. The first order disposed of an application under Order 32 Rule 9, CPC read with s.151 CPC for removal of Jagshir Singh as guardian of minors Komalpreet Kaur, Kiranpreet Kaur and Parminder Singh respondents No.3 to 5. Sukhwinder Kaur was the mother of the three minor children and was arrayed as defendant No.2 in the suit. She was the wife of Jagshir Singh. She died during the pendency of the suit. The plaintiff who is the petitioner in the present revision petition arrayed the three minor children through their father Jagshir Singh in the suit claiming possession of the disputed property on the death of the vendee, mother of the three minor children. The minor children were impleaded as legal representatives of late Sukhwinder Kaur. Jagshir Singh husband of late Sukhwinder Kaur remarried and the minors are said to have been left in a state of neglect since then, virtually abandoned by their father. They are stated to being nurtured by their grandmother Bant Kaur who looks after them and cares for their interest. Jagshir Singh appeared in Court and suffered a statement that he had contracted a second marriage after which his minor offspring from his first marriage reside with their grand mother and he has no objection if his name is replaced by Bant Kaur, the grandmother of the wards as guardian.

(2.) THE application was contested by the plaintiff on the ground that the father being a natural guardian, Bant Kaur should not be allowed to be brought in as a guardian to defend the action replacing Jagshir Singh. The trial Judge has allowed the application only for the limited purpose of allowing Bant Kaur to act as guardian in contesting the present suit till such time the minors attain majority. This has been done by the order dated 14th November, 2013. This is the first impugned order in this petition.

(3.) THE second order impugned is dated 07th February, 2014 passed by the same Court. The prayer in the second application was made under Order 9 Rule 7, CPC read with s.151 CPC for setting aside the ex parte order dated 05th September, 2008. It is not disputed that late Sukhwinder Kaur, defendant No.2 was proceeded ex parte and thereafter she expired lis pendens. It was averred that Jagshir Singh father of the minors failed to watch the interest of the minor defendants claiming through this first wife as he had remarried and was living separate from his children. The Court watched the interest of the minor children and impleaded Bant Kaur as the guardian for the purposes of the suit and for no other purpose.