THE MANAGING COMMITTEE OF KALGIDHAR KHALSA GIRLS HIGHER SECONDARY SCHOOL, KAMRAN ROAD, LUDHIANA AND ANOTHER Vs. KISHAN SINGH AND OTHERS

JUDGEMENT

(1.) THIS Revision Petition is directed against the interim order passed by the Subordinate Judge First Class, Ludhiana, in a pending suit, as per which the learned Subordinate Judge allowed the application filed by Kishan Singh Respondent and permitted him to be added as a Plaintiff in the suit filed by the Petitioners.

(2.) THE facts are not in dispute. The Petitioner -Managing Committee had filed a suit against Jagtar Singh and Ors. for a declaration regarding the validity of the said Committee and for permanent injunction restraining the Defendants from interfering in the peaceful management of the school affairs. At an earlier stage of the suit, the Petitioners had themselves made a prayer for impleading Kishan Singh as a Defendant in the suit. However, the said Kishan Singh filed an application for being impleaded as a Plaintiff along with the Petitioners. The trial Court noticed the provisions of Order I, Rule 10, Code of Civil Procedure, which lay down the contingencies under which a person may be impleaded as a party to the suit. However, without applying its mind to the aforesaid provisions, the trial Court proceeded to take notice of Order I, Rule 1 of the Code which merely prescribes the competence of persons to be joined as Plaintiffs in the same suit. It has been rightly submitted by Mr. C.D. Dewan, Learned Counsel for the Petitioners that the provisions of Order I, Rule 1, of the Code would be attracted only in case there was a prayer for consolidation of two suits filed by different Plaintiffs in which common questions of law and fact would arise and not to a case where a person prays for being impleaded as a co -plaintiff against the wishes of the existing Plaintiffs in the suit. There is indeed substance in this submission of the Learned Counsel. The provisions of Order I, Rule 10 (1) of the Code of Civil Procedure, may be reproduced for ready reference as under:

(3.) THE parties, through their counsel have been directed to appear before the trial Court on the date already fixed i.e., January 30, 1984.