RAMESHWAR DASS Vs. SUDESH KUMARI

JUDGEMENT

(1.) Rameshwar Dass-petitioner/plaintiff (for short "the plaintiff") filed a suit for possession by way of specific performance of agreement to sell dated 12th March, 2004 executed by him with seller-vendor Smt. Prem Lata. The sale deed could not be registered. The plaintiff brought a suit against Prem Lata. She appeared but was later proceeded ex parte. The plaintiff was informed that Prem Lata died on 25th September, 2006 during the pendency of the suit. He then came to know that Prem Lata sold the same land to the Kaushalya, wife of Ram Saran and their son Ramesh vide registered sale deed dated 29th October, 2004.

(2.) On these supervening events, the plaintiff took steps under Order 22 Rule 4, CPC for bringing LRs of Prem Lata on record. He applied under Order 6 Rule 17, CPC for amendment of the plaint to the effect that the sale deed dated 29th October, 2004 is null and void and ineffective in the presence of agreement to sell dated 12th March, 2004. The third request in the composite application was made under Order 1 Rule 10 CPC for impleading subsequent purchasers as defendant Nos.2 and 3. There was another significant supervening event occuring pendente lite with Kaushalya Devi dying which led her LRs to file an application under Order 9 Rule 13, CPC for setting aside the ex parte judgment and decree dated 19 th December, 2011.

(3.) The learned Additional Civil Judge (Senior Division) passed the order dated 03th May, 2012 on the three prayer single application as follows:-