KUNWAR ANAND SINGH Vs. PARAMJIT SINGH AND OTHERS

JUDGEMENT

(1.) Feeling aggrieved against order dated 12.12.2016 passed by learned Additional Civil Judge (Senior Division), Nakodar, dismissing the application of the petitioner under Order 1 Rule 10, Civil Procedure Code, for impleading legal heirs of deceased Balwinder Singh, namely, Palwinder Kaur, widow and Kiran, daughter, as defendant nos 3 and 4 in the main suit, the petitioner has knocked at the door of this court, filing revision under Article 227 of the Constitution of India for setting aside the aforesaid order of the trial court, being illegal, void and without jurisdiction.

(2.) Learned counsel for the petitioner has vehemently argued that the approach of the learned trial court in dismissing the application of the petitioner under order 1 Rule 10, Civil Procedure Code, is unsustainable in eyes of law, being contrary to the facts on record. Therefore, the impugned order is liable to be reversed. The learned trial court has committed a grave error in observing that the petitioner has filed application just to delay the proceedings in the main suit, pending since more than five years. The factum of death of Balwinder Singh was already in the knowledge of the petitioner even at the very moment of filing of the present suit. The observation that the relief, sought in the suit, was already barred by limitation against respondents 3 and 4, sought to be impleaded in the main suit, is erroneous.

(3.) On the other hand, learned counsel for the respondents has assiduously argued that learned trial court has rightly dismissed the application of the petitioner, observing that the same has been filed just to delay proceedings in the main suit after the expiry of period of three years. The learned trial court has rightly observed that relief sought in the main suit is barred by limitation against the respondents sought to be impleaded in the main suit. In support of his arguments, learned counsel for the respondents has placed reliance upon the judgments in Smt. Anguri Devi and others versus Vikas Bajaj, 2015 5 RCR(Civ) 646; Om Parkash versus Darshan Singh, 2003 4 RCR(Civ) 845 and Mumbai International Airport Private Limited versus Regency Convention Centre and Hotels Private Limited and others, 2010 AIR(SC) 3109.