SAHBO DEVI Vs. DIVISIONAL FOREST OFFICER AND OTHERS

JUDGEMENT

(1.) By way of this petition under Article 227 of Constitution of India, petitioner Smt. Sahbo Devi has sought quashing of interlocutory order dated 31.07.2015 passed by Civil Judge (Junior Division), Jhajjar whereby her application filed under Order 1 Rule 10(2) of the Code of Civil Procedure (for short, "the Code") for being impleaded as party to Civil Suit No.88 dated 12.05.2010 filed by Smt. Rekha Malik and another (respondents No.4 and 5) was dismissed.

(2.) As is apparent from the facts pleaded and documents annexed with the petition, Smt. Rekha and her daughter (respondents No.4 and 5) filed a suit for declaration with consequential relief of mandatory injunction claiming to be legally entitled to get service benefits of deceased Sanjeev Kumar. In the suit, Divisional Forest Officer, Jhanara Bagh, Jhajjar and others (respondents No.1 to 3) were impleaded as defendants. After trial, the suit was dismissed finding that the suit was not maintainable and that the mother of the deceased Smt. Sahbo Devi (petitioner) being class-I legal heir had not been impleaded as party to the suit.

(3.) Feeling aggrieved by the judgment and decree dated 01.09.2012 passed by learned Civil Judge (Junior Division), respondents No.4 and 5 preferred an appeal. During the appeal proceedings, the appellants filed an application under Order I Rule 10 read with Order VI Rule 17 of the Code for impleading the mother and the alleged second wife and son of deceased Sanjeev Kumar. Respondents No.1 to 3 gave a note of no objection on the application and the learned District Judge vide order dated 24.01.2014 allowed the application and impleaded all the three persons as party to the appeal proceedings, subject to all just grounds available to the parties. Amended grounds of appeal was taken on record and notice to the newly added respondents including the petitioner who was impleaded as respondent No.4 was issued.