SHINGARA SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) THIS petition has been filed by the petitioners challenging order dated 18.12.2010 (Annexure P -1), whereby, written statement filed by Dilbag Singh -defendant No.5 has been ordered to be treated as a separate claim.

(2.) LEARNED counsel for the petitioners has submitted that the petitioners had filed suit for specific performance of agreement to sell dated 16.5.2005. At that time, Dilbag Singh had failed to join as a plaintiff and was arrayed as defendant No.5. Application moved by defendant No.5 for being transposed as plaintiff was dismissed by the trial Court. However, vide the impugned order, the trial Court has erred in ordering that the written statement filed by defendant No.5 be treated as a separate claim parallel to the plaintiffs. In support of his arguments, learned counsel has placed reliance on the decision of the Apex Court in Rohit Singh and others vs. State of Bihar (now State of Jharkhand) and others, 2007 1 RCR(Civ) 674, wherein, it has been held as under: -

(3.) LEARNED counsel has further placed reliance on the decision of this Court in Manphool and others vs. Surja Ram and others, 1978 AIR(P&H) 216, wherein, it has been held as under: -