MANJIT SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) By invoking the provisions of Article 227 of the Constitution of India, the petitioner has assailed the order dated 18.7.2013 (Annexure P-5) passed by the Additional Civil Judge (Senior Division) Amritsar whereby the application filed by the petitioner under Order 22, Rule 4 read with Section 151 of the Code of Civil Procedure (for short "CPC") for impleading the legal representatives (in short "Lrs") of Man Singh and the application under Order 9, Rule 7 read with Section 151 CPC have been dismissed.

(2.) Sukhdev Singh, respondent filed a suit against Man Singh alias Gurnam Singh (since deceased) father of the petitioner for possession by way of specific performance of the agreement to sell dated 17.5.2010 for sale of land measuring 19 kanals 2 marlas, detailed therein. Further prayer has been made for issuance of permanent injunction restraining the defendant from alienating, selling, mortgaging or transferring the suit land in any manner except to the respondent and in the alternative, prayer has been made for recovery of Rs. 35,00,000/- towards damages as per terms and conditions of the agreement to sell. In the said suit, the defendant was proceeded against ex parte on 16.4.2012. The petitioner filed an application under Order 22, Rule 4 read with Section 151 CPC for impleading him as Lr of Man Singh on the plea that Man Singh passed away on 25.8.2012 when he was living in America. The application was filed on 10.10.2012. Another application was filed on 11.2.2013 for setting aside the ex parte proceedings initiated against said Man Singh in April 2012.

(3.) The learned trial court decided both the applications by a common order dated 18.7.2013, impugned in the present petition.