GURMAIL KAUR Vs. DARBARA SINGH

JUDGEMENT

(1.) THE petitioner by way of present revision petition has challenged the order dated 11.2.2006 passed by the learned Civil Judge (Sr. Divn.), Fatehgarh Sahib, allowing the application moved by Saudagar Ali, respondent No. 2 herein under Order 1 Rule 10 of the Code of Civil Procedure in a suit filed by Smt. Gurmail Kaur, petitioner herein against Darbara Singh seeking maintenance @ Rs. 4,000/- per month from the month of January 2003 to February 2005 i.e. Rs. One lac and further maintenance @ Rs. 4,000/- per month. The petitioner also claimed that a charge on the property of Darbara Singh respondent No. 1 herein be created towards the maintenance payable to her.

(2.) THE applicant-respondent No. 2 had claimed that Darbara Singh respondent No. 1 herein had agreed to sell the land @ Rs. 8,75,000/- per acre and received Rs. 12 lacs as earnest money. Thus, it was claimed by the applicant that the present suit was filed to deprive the applicant of his valuable right qua the suit land.

(3.) THE contention of the learned counsel for the petitioner was that the petitioner herein had claimed maintenance from her husband Darbara Singh, respondent No. 1 herein and, therefore, the applicant was neither a proper nor necessary party as he can have no interest.