RAVINDER SINGH Vs. SATPAL SINGH BEDI AND ANOTHER

JUDGEMENT

(1.) The present revision petition is directed against the order dated 24.7.2004 passed by the Civil Judge (Sr. Division), Nawanshahr rejecting the petitioner's application under Order 1 Rule 10 Code of Civil Procedure for being impleaded as party.

(2.) The respondents had filed a suit for mandatory injunction against one Mohinder Singh and another to demolish the walls mentioned as AB and CD in the plaint. It is the claim of the applicant that the aforesaid property has since been sold to him. This claim of the applicant has been rejected by the learned trial Court by saying that the boundaries describing the property in the sale deeds do not tally with the boundaries mentioned in the plaint. It is further mentioned that the boundaries mentioned in the sale deeds do not tally with the site plan placed on record. In the suit no khasra numbers have been mentioned which can be compared with those mentioned in the sale deed.

(3.) At the time of arguments, learned counsel for the petitioner states that in fact he has bought the suit property from the defendants. Since the defendants in the suit thereafter have no interest in the property, they had not been appearing before the Court and have been proceeded against ex parte. He submits that if he is not allowed to contest the suit, he would suffer irreparable loss, as the proceedings would be decided ex parte. Learned counsel for the respondents on the other hand has controverted this argument and has supported the order as recorded by the trial Court.