NAHAR SINGH Vs. KAKU RAM

JUDGEMENT

(1.) This judgment will dispose of Civil Revisions Nos. 2951 of 1984 and 11 of 1985. The facts in the judgment are being given from Civil Revision No. 2951 of 1984.

(2.) The facts are that Ishar Singh, father of the plaintiffs, mortgaged a house with Faqiria, predecessor-in-interest of the respondents, vide mortgage dated 6th January, 1953, for a consideration of Rs. 1,000/-. The plaintiffs instituted a suit for redemption of the house on 5th January, 1983. The defendants filed a written statement on 30th July, 1984, and inter alia pleaded that some of the legal representatives of Faqiria had not been impleaded as defendants. The plaintiffs then made an application under Order 1, Rule 10 read with Order 6, Rule 17, Code of Civil Procedure, for impleading Subhash Chander, Kalu Mall, sons of Kaku Ram, Vijay Kumar, Rakesh Kumar sons of Piara Lal, Sant Ram and Bintu sons of Hukam Chand, residents of Mohalla Matarani, Khanna. The application was contested by the defendants. It was dismissed on the ground that it would relate back to 5th January, 1983, the date of institution of the suit, and thus material prejudice would be caused to the newly added parties. The plaintiffs have come up in revision to this Court.

(3.) It is contended by Mr. Sharda, learned counsel for the petitioners, that the suit should not be defeated by reason of non-joinder of parties. According to him, in that situation, the amendment should have been allowed by the trial Court.