GORDHAN Vs. PAWAN

JUDGEMENT

(1.) IN pursuance of the impugned order dated 31.5.2005 (Annexure P-3), the learned Additional Civil Judge (Senior Division), has allowed the application dated 16.2.2005 (Annexure P-21) of the minors Deepak and Reetu, son and daughter respectively of Pawan (defendant No. 1) to be impleaded as defendant Nos. 2 and 3 respectively. The said order is assailed in this petition under Article 227 of the Constitution of India by the plaintiff- petitioner.

(2.) THE case set up by the plaintiff-petitioner is that he entered into an agreement dated 22.1.2003 (Annexure P-1) with Pawan, (defendant No. 1) whereby he agreed to sell his 1/6th share in land measuring 38 Kanals 15 Marlas situated in the revenue estate of Village Farmana Khas Meham, District Rohtak. The petitioner paid Rs. 4,80,000/- as earnest money to Pawan (defendant No. 1), in pursuance of the said agreement. The remaining amount was to be paid by the plaintiff-petitioner at the time of registration of the sale-deed for which the date 15.6.2003 was fixed. It is the case of the plaintiff-petitioner that despite repeated requests Pawan (defendant No. 1) did not get the sale- deed executed which resulted in filing a suit on 11.7.2003 for specific performance of the agreement of sale dated 22.1.2003. During the pendency of the suit, the minors Deepak and Reetu, son and daughter respectively of Pawan (defendant No. 1) through their mother and guardian Om Pati filed an application (Annexure P-2) for being impleaded as defendant Nos. 2 and 3. The said application has been allowed vide order dated 31.5.2005 (Annexure P-3) which is assailed by the petitioner.

(3.) I have given my thoughtful consideration to the contentions of the learned counsel appearing for the petitioner. It is appropriate to note that Pawan (defendant No. 1) was proceeded against ex parte in the suit which was filed by the plaintiff-petitioner. The application (Annexure P-2) has been filed by the minor children of Pawan through their mother and guardian Smt. Om Pati. It is alleged that Pawan (defendant No. 1) has got himself proceeded against as ex parte in collusion with the plaintiff-petitioner. In fact, he had been restrained by the Civil Court vide judgment and decree dated 5.6.2002 in suit titled Deepak v. Pawan from alienating the suit land or creating any charge over the same. Therefore, it is the case of the minors that the parties to the suit intend to illegally get the suit decreed by concealing the true facts from the Court. Therefore, they are necessary and proper parties for the decision of the case.