GURCHARAN SINGH Vs. S. AMARJIT SINGH

JUDGEMENT

(1.) THIS is a revision against the order dated 22.1.2004 passed by the Civil Judge (Jr. Divin.), Amritsar, by which an application filed under Order 1 Rule 10 CPC by the applicant Mohan Singh seeking to be impleaded as a defendant was allowed.

(2.) A perusal of the application shows that the original defendant-Amarjit Singh had sold the suit property to Mohan Singh vide sale-deed dated 29.6.2000 i.e. prior to the filing of the suit, therefore, it was prayed by the applicant that he be impleaded as a defendant being a necessary party. The application has been allowed.

(3.) HOWEVER , it is clear that the applicant had purchased the suit property prior to the filing of the suit. Moreover, in Surjit Singh v. Avtar Singh, 2002(2) RCR(Civil) 612, it has been held that the presence of subsequent vendors in whose favour the property in dispute has been alienated is necessary for effective and complete adjudication of suit. While deciding the aforementioned cases, reliance was also placed on the decision in Ram Awardh (dead) by LRs. and others v. Achhaibar Dubey and another, 2000(2) RCR(Civil) 2 (SC).