AMRIK SINGH Vs. BALWINDER KAUR

JUDGEMENT

(1.) Challenge in the present revision petition filed under Article 227 of the Constitution of India is to the order dtd. 6/9/2023 (wrongly mentioned as 6/9/2022) passed by learned Civil Judge, Junior Division, Amloh (Annexure P-6), whereby the application dtd. 17/5/2013 filed by the petitioner under Order 1 Rule 10 CPC (Annexure P-4), has been dismissed.

(2.) The brief facts of the case are that the plaintiffs/respondents No.1 to 3 herein have filed a civil suit dtd. 20/11/2012 (Annexure P-1) for declaration to the effect that the plaintiffs being daughters of late Inderjit Singh @ Hardev Singh son of Narain Singh are joint owners having joint holding rights equal to the defendants/respondents No. 4 to 6 herein, in the suit land. Defendants appeared in the said civil suit and filed written statement dtd. 10/4/2013 (Annexure P-2). Replication dtd. 8/1/2014 (Annexure P-3) was filed thereto by the plaintiffs.

(3.) Learned counsel for the petitioner submits that the plaintiffs/respondents No. 1 to 3 had filed the present suit by concealing the material facts and have deliberately not impleaded the applicant/petitioner in the suit, who also had direct interest in the suit land being co-owner and co-sharer as one of the son of the deceased Inderjit Singh. Accordingly, the petitioner had filed the present application dtd. 17/5/2013 (Annexure P-4) seeking impleadment in the above suit. Reply dtd. 20/8/2013 (Annexure P-5) was duly filed by the plaintiffs opposing the prayer of the petitioner. However, vide the impugned order dtd. 6/9/2023, the application of the petitioner has been dismissed on spurious grounds.