JAGRUP SINGH Vs. NAIB TEHSILDAR (SALES) SIRSA

JUDGEMENT

(1.) This order will dispose of the present revision petition as well as Civil Revision No. 2307 of 1984 (Surinder Singh v. Ishar Singh and others) as the law point involved in both is the same.

(2.) In both the cases the learned trial Courts have allowed the applications of the transferees (in other revision petition there is only one transferee) from the defendants on the record for being impleaded as party to the cause. The respective plaintiff/plaintiffs have challenged those orders.

(3.) The learned counsel for the contesting respondents/respondent in these petitions have raised a preliminary objection to the effect that the present revision petitions are not maintainable as the learned trial Courts had the jurisdiction to decide the said application and it has done so and there is nothing on the file to show that they have acted illegally or with material irregularity in the exercise of its jurisdiction. In support of their contention they have cited Sarup Chand v. Nagar Palika Sangrur and others, 1980 AIR(P&H) 114. In that case during the pendency of the suit an application had been filed by one Talia Ram under Order 1 Rule 10 of the Civil Procedure Code with the prayer that he be impleaded as defendant in the suit as he was a necessary party. The trial Court allowed that application. Feeling aggrieved, the plaintiff came to this Court in revision. J.V. Gupta, J. dismissed the revision petition after remarking as follows :-