LAWS(P&H)-1996-8-90

VINAY MITTAR Vs. KANTA BHAGAT

Decided On August 14, 1996
VINAY MITTAR Appellant
V/S
KANTA BHAGAT Respondents

JUDGEMENT

(1.) THE defendants in the trial Court have filed the present revision petition and it has been directed against the order dated 29. 11. 1995 passed by the Court of Sub-Judge, 1st Class, Jalandhar, who allowed the application of Smt. Jagjit Kaur under Order 1 Rule 10, C. P. C. , and it was ordered that she be made a party as a plaintiff in suit No. 201 of 1991, titled Kanta Bhagat and Ors. v. Randhir Singh and Ors.

(2.) THE case set up by Smt. Jagjit Kaur applicant is that she was allotted plot No. 28 by the Bank Employees Co-operative House Building Society, and, therefore, she is directly interested in the subject-matter of the suit and her presence is necessary for the proper decision of the case.

(3.) THE learned trial Court vide the impugned order dated 29. 11. 1995 allowed the application, mainly on the ground that as the plaintiffs did not object to the prayer made by Smt. Jagjit Kaur and that the defendant had no locus standi to contest the application, therefore, the application deserved to be allowed. It was also stated by the trial Court that the applicant, being a member of the Society, would suffer loss in case she was not permitted to lead the evidence.