AMRITSAR DIOCESE TRUST ASSOCIATION Vs. ALICE

JUDGEMENT

(1.) THIS petition has been directed against the order dated 15th October, 1996, passed by the Civil Judge, Junior Division, Jullundur. By this order, the learned Civil Judge has rejected the application of the petitioner-applicant filed by it under Order 1 Rule 10 C. P. C. for being impleaded as one of the co-defendants in the suit pending before the learned trial court.

(2.) IT may be noted here that the suit has been filed by four persons seeking permanent injunction restraining the defendants from obstructing the plaintiffs from exercising the right of worship in the Saint Luke Church in the Jullundur Cantt. It may be relevant to point out here that the two defendants impleaded in the suit are individuals, namely Babu Masih and Jalal Masih. The applicant/petitioner claims to be the owner in possession of the Church and the graveyard, where the plaintiffs have sought injunction to use those places. It may also be relevant to point out here that R. F. A. No. 2567 of 1992 is already pending in this court and according to the learned counsel for the parties, in those proceedings the applicant is a party.

(3.) I , however, do not find any merit in the contention raised by the learned counsel for the respondents. It is not disputed before me that a decree has already been passed in favour of the applicant that they are the owners in possession of the suit property and that decree is the subject matter of the Regular First Appeal mentioned herein above. In view of these facts, it is clear that the applicant is not a stranger but is a party which is directly involved with regard to the suit, property. From the impugned order, I find that even the plaintiffs did not raise any objection to the application filed by the applicant for being impleaded as a party.