SULTAN @ SUBE SINGH Vs. HARI RAM AND OTHERS

JUDGEMENT

(1.) This revision has been preferred against the order dated 2.11.2017 (Annexure P-5) passed by Civil Judge (Jr. Division), Ellenabad whereby application filed by the petitioner under Order 1 Rule 10 CPC has been dismissed.

(2.) Hari Ram had filed a suit against Sheeshpal and others seeking recovery of possession of 2 kanals 3 marlas of land falling in khasra No. 140. Besides the relief of possession he had also sought recovery of some amount as compensation and injunction. The suit was filed in February 2015. An application had been filed by the petitioner namely Sultan @ Sube Singh for being impleaded as a party in the suit. His plea was that he had purchased some part of the land in 1981 and there was collusion between the plaintiff and defendant and they wanted to grab his share and Regular Second Appeal filed by him with respect to this land was pending disposal in the High Court and order for status quo was passed therein.

(3.) In the reply, it was pleaded that the defendant had been granted seven opportunities to lead evidence but he had not led any evidence and last opportunity had been granted and the applicant was his (plaintiff's) son. It was pleaded that the applicant had no concern with the suit land and the jamabandi recorded his title. It was pleaded that the applicant had filed a suit in 2002 seeking a declaration that the property was coparcenary property and was seeking separate possession but his plea was dismissed. The first appeal was also dismissed. It was pleaded that the copy of the RSA had not been placed on record nor the order granting status quo had been appended.