DINA RAM Vs. RAMA NAND

JUDGEMENT

(1.) DINA Ram, petitioner, filed a suit for possession by way of pre-emption against Rama Nand, defendant. During the pendency of the suit, Ranjit Singh made an application under Order 1, Rule 10, read with Section 151 of the CPC, praying that he was the real purchaser of the property in dispute and that Rama Nand, defendant, was simply a benamidar and that he being a necessary party be impleaded in the suit. The application was contested by the petitioner on the short ground that defendant No. 1 was the real purchaser and that Ranjit Singh was not a necessary party. The trial court, after considering the entire matter, allowed the application and impleaded Ranjit Singh in the suit as a defendant.

(2.) FEELING aggrieved from the aforesaid order of the trial court dated October 10, 1977, the present revision petition has been filed by Dina Ram, plaintiff.

(3.) MR . M. S. Liberhan, learned counsel for the petitioner, contended that, in view of the provisions of Section 281a of the Act, the real owner could not be impleaded as a party and that the learned trial court acted illegally and with material irregularity in allowing the application of Ranjit Singh and impleading him as a defendant.