RAM PAL Vs. AKKI DEVI @ SAVITARI DEVI

JUDGEMENT

(1.) THE petitioner-plaintiff (hereinafter referred to as the plaintiff) has called in question two orders dated 16.1.2004 and 26.2.2004 wherein the appellate Court in the appeal titled as Kanwar Sain v. Ram Pal etc. pending before it against Civil Suit No. 6 of 3.1.1954 decided on 31.1.2003 titled as Ram Pal v. M/s. Hari Singh HUF and others allowed the defendants-respondents to implead Akki Devi as respondent, in the application filed by them under Order 22 Rule 4 CPC for impleading the LRs of Hari Singh HUF.

(2.) THE facts in the backdrop of the case are that Ram Pal filed a suit for specific performance against the defendants M/s. Hari Singh HUF, M/s. Sant Singh HUF and others in which the defendants took a specific plea that Akki Devi, the wife of Jangir Lal daughter of Hari Singh is a necessary party and she should have also been impleaded as party being the member of HUF. On this specific plea raised by the defendants, a specific issue No. 2 was framed which reads as under :-

(3.) THE other order challenged by the revision petitioner is dated 26.2.2004 whereby the review petition filed by respondent No. 1 Ram Pal for withdrawing the order of impleadment of Akki Devi as a party has been dismissed.