DEVINDER SINGH Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) THE appellants are aggrieved by the judgment and decree passed by learned Additional District Judge, Ludhiana on 10.9.1984, whereby their appeal was dismissed on the ground that it was not competent as one of the defendants was not made a party-respondent and that the provisions of Order 41 Rule 20 CPC were not attracted.

(2.) THE appellants had initially filed a civil suit for declaration that they were absolute owners in equal shares of the entire land, as described in the heading of the plaint, and for declaration that the mortgage deeds dated 20.12.1978, 20.12.1978 and 15.1.1979 and sale-deeds dated 31.7.1978, 20.4.1978, 20.4.1978, 20.4.1979 and 8.10.1979 relating to the said ancestral, co-parcenary and joint Hindu family suit land were without consideration, legal necessity etc. The possession of half share of the suit land was also sought, besides permanent injunction restraining Mukhtiar Singh-defendant from interfering and obstructing in the joint possession of the plaintiffs over the suit land. In the aforementioned suit, seven persons were impleaded as defendants, including one Jagrup Singh son of Kehar Singh. Vide judgment dated 30.8.1992, learned Subordinate Judge Ist Class, Samrala dismissed the said suit with costs. Aggrieved from the same, the plaintiffs/appellants filed an appeal before learned Additional District Judge, Ludhiana. Along with the appeal, certified copy of the judgment and decree passed by learned Subordinate Judge Ist Class, Samrala dated 30.8.1982 was also filed. However, in the memorandum of appeal, aforementioned Jagrup Singh son of Kehar Singh, who was one of the defendants before the trial Court, was not impleaded.

(3.) LEARNED Additional District Judge, Ludhiana did not accept the application filed on behalf of the plaintiffs-appellants for amendment of the memorandum of appeal and went ahead to dismiss the same as being not competent, without touching the merits of the same.