BAHADUR SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) BY way of present revision petition, the petitioners have challenged the order dated 22.3.2006 passed by the learned Additional Civil Judge (Senior Division), Malerkotla, vide which the application moved by the petitioners under Order 1 Rule 10 and Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure has been dismissed.

(2.) THE plaintiff-petitioners filed a suit for specific performance of agreement to sell dated 19.12.2002. Along with the suit an application under Order 39 Rules 1 and 21 of CPC was also filed in which the respondent was restrained from alienating the suit land in any manner. In the said suit, Sarvshri Jasbir Singh and Jagdeep Singh, sons of Mohinder Singh, had moved an application dated 11.12.2003 under Order 1 Rule 10 of the CPC for being impleaded as a party on the plea that the there was an agreement to sell dated 7th December 2002 qua the suit land in their favour which was executed by Avtar Singh defendant. The plaintiff-petitioners contested the said application on the ground that the remedy of Jasbir Singh and Jagdeep Singh was to file a separate suit on the basis of alleged agreement of sale. The said application was dismissed by the learned civil Judge (Jr. Division) Malerkota, vide order dated 12th May 2004 by observing as under :-

(3.) THE learned trial Court took note of the fact that the application moved by Jasbir Singh and Jagdeep Singh for being impleaded as a party was challenged by the petitioners on the plea that they would be at liberty to file a separate suit and, therefore, it was not open to the petitioners to claim now that they were necessary parties to the present suit. The learned trial Court further noticed that in the written statement filed by Avtar Singh, a specific objection was taken that the suit was bad for non-joinder of necessary parties as there was an agreement to sell in favour of Jasbir Singh and Jagdeep Singh. This assertion was also opposed by the petitioner. The learned trial Court, therefore, came to the conclusion that the subsequent sale in favour of Jasbir Singh and Jagdeep Singh did not make them necessary parties to the suit for specific performance and accordingly the application moved by the petitioners was dismissed.