LACHHAMI DEVI Vs. PALA SINGH

JUDGEMENT

(1.) This appeal has been directed against the order dated 8.4.1993 passed by the District Judge, Patiala, whereby application filed by the appellant under Order 1 Rule 10 of the Code of Civil Procedure for being impleaded as a defendant in the suit at the stage of appeal, has been dismissed.

(2.) In brief, the facts are that one Ram Chander agreed to purchase suit land from Pala Singh for a total consideration of Rs. 2,50,000/-. On 28.2.1986 when the agreement to sell was executed, a sum of Rs. 30,000/- was paid as earnest money. On failure of Pala Singh to execute the sale deed in terms of the agreement dated 28.2.1986, Ram Chander filed suit for specific performance of the agreement. On payment of balance sale consideration, the suit was decreed on 5.1.1991 and the remaining amount i.e. Rs. 2,20,000/- was deposited by Ram Chander on 18.1.1991. Pala Singh preferred appeal against the judgment and decree of the trial Court and obtained stay of the execution of the decree. During the pendency of the appeal, present appellant, namely, Lachhmi Devi wife of Ram Singh, filed an application under Order 1 Rule10 of the Code of Civil Procedure stating therein that she has purchased the suit land from Pala Singh vide sale deed dated 5.10.1989 in pursuance to the agreement dated 9.8.1989. She thus prayed that she be impleaded as a party to the appeal. After inviting reply to the application and hearing the learned counsel for the parties, the learned District Judge, Patiala, vide order dated 8.4.1993 dismissed the application. The present appeal has been preferred by Lachhmi Devi.

(3.) The learned counsel for the appellant contended that the order under appeal cannot be sustained for the reason that the assignee can be impleaded as a party in the appeal even if the assignment had been made during the pendency of the suit. He thus contended that even if the sale of the suit property was made by the appellant during the pendency of the suit, the same cannot be treated as a bar for her to be impleaded as a defendant in the suit at the stage of appeal as an assignee.