JASWINDER SINGH Vs. RAN SINGH

JUDGEMENT

(1.) THE present revision petition has been filed against an order dated 21.7.2004 whereby the learned Civil Judge, Junior Division, Ludhiana has allowed an application under Order 1 Rule 10 of the Code of Civil Procedure filed by respondent-Upkar Singh.

(2.) A perusal of the facts would show that Jaswinder Singh and another filed a suit against their father-Ran Singh for permanent injunction restraining him from creating an encumbrance in any manner over the suit property. In that suit an application was filed by one Upkar Singh, respondent No. 2 (herein) for being impleaded as a party in the suit on the plea that Ran Singh had already sold property to him vide agreement dated 24.7.2002 and had received full payment except a sum of Rs. 20,000/- being mortgage money. The applicant stated that the defendant Ran Singh had no surviving interest in the property. It was, therefore, pleaded that the applicant was a necessary party.

(3.) THE trial Court allowed the application. The operative part of the order is as under :