OM PRAKASH Vs. USHA GODARA

JUDGEMENT

(1.) This judgment shall dispose of Civil Revision Nos. 1313, 1314, 1315 and 1316 of 1987. A common question of law arises in all of them and some of the parties to them are also the same. Reference to the facts and the parties shall, however, be made from Civil Revision No. 1313 of 1987.

(2.) The facts, in brief, are that Kishan Chand, Udo Dass, Ramesh Chand, Ved Parkash and Ashok Kumar sold the land in suit to Smt. Usha Godara, defendant-respondent No. 1, vide registered sale-deed dated 18th of September, 1984, for a consideration of Rs. 18,500/-. Jug Lal and Amar Singh, plaintiff-respondents No. 2 and 3, filed a suit for pre-emption of the said sale. They alleged that the vendors had sold the land to respondent No. 1 without notice to them and that they are the sitting tenants on suit land. This suit was filed on September 17, 1985 which, without doubt, is within limitation.

(3.) During the pendency of the suit, however, Smt. Usha Godara, respondent No. 1, sold the suit land to Om Parkash petitioner herein vide registered sale-deed dated April 2, 1986. According to the petitioner, he came to know about the pendency of the suit later. He, therefore, filed an application under Order 1 Rule 10 of Code of Civil Procedure (for short 'the Code') for being impleaded as defendant to the suit in place of Smt. Usha Godara, his predecessor-in-interest. This application has, however, been dismissed by the learned trial Court vide its order dated January 14, 1987. Aggrieved against the same, Om Parkash petitioner has filed the present revision petition.