GURMEET SINGH Vs. BHAGINDER SINGH AND OTHERS

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 9.4.2015 [Annexure P/8] passed by Civil Judge [Junior Division], Bathinda whereby application dated 18.12.2014 [Annexure P/6] filed by the petitioner under Order I Rule 10 CPC for impleading him as defendant, was dismissed.

(2.) Learned counsel for the petitioner submitted that Jaswant Kaur alias Basant Kaur widow of Niranjan Singh was owner of the land in dispute. She died issueless on 14.6.2007. Plaintiffs-respondents No.1 to 3 and the petitioner are the only natural heirs of Jaswant Kaur alias Basant Kaur being her cousins. Succession on the basis of mutation was sanctioned in favour of the plaintiff-respondents No.1 to 3 and the petitioner vide order dated 8.12.2010 [Annexure P/1]. Thereafter the plaintiffs filed a suit for declaration to the effect that they are owners in possession over the suit land. However, the present petitioner was not impleaded as a party to the litigation.

(3.) On 18.12.2014, the petitioner filed an application under Order I Rule 10 read with Section 151 CPC for impleading him as a defendant on the ground that he is also one of the natural heirs. The plaintiffs did not contest the said application and still the Court below dismissed the application and the said order is liable to be dismissed.