AMARJIT SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 29.7.2004 passed by the learned Additional Civil Judge (Sr. Divn.), Khanna, declining the application moved by the petitioner under Order 1 Rule 10 of the Code of Civil Procedure for being impleaded him as a party.

(2.) PLAINTIFF -respondent No. 1 herein Charan Singh had filed a suit for partition seeking half share in the suit property against Devinder Singh son of Santa Singh, who was alleged to be missing for more than 7 years. It was claimed by the applicant-petitioner that Devinder Singh has executed a valid Will dated 26.6.1991 in his favour and, therefore, he is entitled to succeed to the property of Devinder Singh. It was further claimed that the said Devinder Singh had strained relations with his wife namely Manjit Kaur and mother Jagir Kaur and litigation was pending between Devinder Singh and his wife Manjit Kaur. Though the plaintiff had no objection for being impleaded the applicant as a party, the application was contested by defendant Nos. 1 and 3, the respondents herein on the ground that so far as declaration has been made about Devinder Singh being civilly dead, therefore, no right would accrue to the applicant-petitioner to be impleaded as a party in the suit regarding the share of Devinder Singh in the disputed property. The execution of Will has also been denied by the respondents.

(3.) LEARNED counsel for the petitioner contends that once the respondent Nos. 3 and 4 were allowed to be impleaded as a party being wife and mother of Devinder Singh, the petitioner should have also been allowed to be impleaded as a party as under Order 1 Rule 10 CPC, as a person having direct interest in the litigation, was entitled to be impleaded as a party in the suit and for the said purpose, the petitioner places reliance on the judgment of this Court in Bhagwan Dass v. Managing Committee of H.R. Hindu High School, Hissar, 1998(1) RCR(Civil) 557.