NAVIN PAL KAUR Vs. RAJA RAM AND ANOTHER

JUDGEMENT

(1.) This petition is directed against the order dated 26.8.1995 passed by the Senior Sub Judge, Hoshiarpur, rejecting the application filed by the petitioner under Order 1 Rule 10, Code of Civil Procedure, but at the same time directing the consolidation of Suit No. 294 of 1994 (Raja Ram v. Gopal Singh) and Civil Suit No. 256 of 1992 (Naveen Pal Kaur v. Gopal Singh).

(2.) The plaintiff-petitioner filed a suit against Gopal Singh on 27.10.1992 for specific performance of agreement to sell, which is said to have been executed by respondent Gopal Singh in her favour for sale of 1 Kanal and 18 marlas of land. Gopal Singh contested the suit and filed written statement on 28.7.1993. Issues were framed on 13.8.1993. Two witnesses of the plaintiff were examined on 21.10.1993 and they were cross-examined on 13.12.1993. During the pendency of proceedings, the plaintiff filed an application under Order 1, Rule 10, C.P.C. for impleadment of Raja Ram as defendant. This application came to be accepted by the learned Additional Senior Sub Judge vide order dated 20th September, 1994. Thereafter an additional issue came to be framed by the trial Court on 6.1.1995.

(3.) Raja Ram instituted a civil suit against Gopal Singh on 4.12.1993 for specific performance of the agreement to sell dated 21.2.1992, which Gopal Singh is said to have entered into with Raja Ram for sale of 1 Kanal and 19 Marlas of land. In that suit also, Gopal Singh filed written statement before the trial Court on 17.2.1994 and after framing the issues two witnesses of the plaintiff were examined on 8.4.1994. On 21.10.1994, petitioner Navin Pal Kaur made an application under Order 1, Rule 10 of the Code of Civil Procedure for her impleadment as a defendant. Respondent Raja Ram contested the application filed by the petitioner and after hearing the parties the learned trial Court has passed the impugned order and dismissed the application filed by Smt. Navin Pal Kaur on the ground that she is not a necessary party in the suit for specific performance filed by Raja Ram against Gopal Singh. However, at the same time, the trial Court ordered that Civil Suit No. 294 of 1994 (Raja Ram v. Gopal Singh) be consolidated with Civil Suit No. 256 of 1992 (Naveen Pal Kaur v. Gopal Singh) and also that the evidence to be recorded in Civil Suit No. 256 of 1992 would be read in both the suits.