SHAM LAL Vs. JAGWANTI

JUDGEMENT

(1.) This judgment will dispose of three Civil Revision Nos. 203 of 1972, 205 of 1972 and 206 of 1972, as they involve common questions of law and fact.

(2.) To appreciate the dispute it is necessary to describe the relationship of the petitioner with the plaintiffs which would be evident from the following pedigree table :-

(3.) The properties subject matter of the three suits for redemption were mortgaged by Milkhi Ram, Parbh Dayal and Tilak Ram with three sets of mortgagees who are defendants in the said suits. Sham Lal, petitioner moved an application in each of the three suits under Order 34 rule 1 of the Code of Civil Procedure for being impleaded as a plaintiff or defendant claiming herself to be one of the co-mortgagors. It was further stated by him in the application that the properties subject matter of the mortgage originally owned by Bishna Mal (1/3rd share), Milkhi Ram (1/3rd share), Parbh Dayal and Tilak Ram (1/3rd share) and on the death of Bishna Mal, Parbh Dayal and Tilak Ram, their estate devolved upon him to the extent of one-half and the other half fell to the share of Milkhi Ram or his descendants. The applicant, therefore, claimed that he was also a co-mortgagor along with the plaintiffs and was, therefore, entitled to be impleaded as a party to the suit under the said provision of law. The application in each of the suits was opposed by the plaintiffs. After hearing the parties, the learned Sub-Judge dismissed the application vide order dated the 15th December, 1971. The present Revision Petitions are directed against that order.