ANIL KUMAR Vs. GURDIAL SINGH

JUDGEMENT

(1.) THIS revision petition is directed against order dated 16. 9. 1993 passed by Sub Judge 1st Class, Fazilka, whereby application of the petitioner under Order 1, Rule 10, read with Order 6, Rule 17, of the Code of Civil Procedure, was dismissed.

(2.) IN brief, the facts are that the petitioner along with the two other plaintiffs, i. e. respondents No. 7 and 8, filed suit for demarcation of common boundary line between the land of the plaintiffs and that of defendants No. 1 to 6 (now respondents No. 1 to 6 in this civil revision ). In the suit, the petitioner further made a prayer for decree of permanent injunction, restraining the defendants from forcibly, illegally and without due course of law, encroaching upon the land of the plaintiffs by demolishing the existing boundary line and from causing any sort of obstruction into the construction work of the plaintiffs which was being carried out on the spot. Defendants No. 4 to 6 vide registered sale-deed dated 3. 5. 1993, sold part of the land, owned by them, to the persons mentioned in para-2 of the application. The petitioner along with other plaintiffs made an application under Order 1 Rule 10 read with Order 6, Rule 17 of the Code of Civil Procedure, for impleading the vendees as defendants to the suit, and also for adding Para No. 8-A to the following effect :

(3.) CONSEQUENTLY , the revision petition is allowed and order of the trial Court is set aside. As a consequence thereof, application of the petitioner under Order 1 Rule 10 read with Order 6 Rule 17 of the Code of Civil Procedure, shall stand allowed, subject to payment of Rs. 500/- as costs.