RAM KAUR Vs. PREM SINGH

JUDGEMENT

(1.) Respondent Prem Singh filed a suit against Sahab Kaur and others, the heirs of Khubi Ram son of Trikha. In that suit, Ram Kaur daughter of Khubi Ram moved an application under Order 1 Rule 10 of the Civil Procedure Code for being impleaded as a defendant. It was alleged by her that Khubi Ram had executed a Will dated 15.4.1971 in her favour as she used to look after her father and she has consequently inherited the suit land on the basis of said Will. The application was opposed by the defendants i.e. the other heirs of Khubi Ram by alleging that the Will dated 15.4.1971 executed by Khubi Ram in favour of Ram Kaur was cancelled vide registered deed dated 19.8.1982 at the instance of the testator Khubi Ram.

(2.) Trial Court on a consideration of the matter dismissed the application by order dated 18.10.1993 after coming to the conclusion that the applicant was not a necessary party in the suit and that the plaintiff is a master of his suit and he cannot be compelled to include the name of a person as defendant. Hence this revision at the instance of the applicant.

(3.) Learned counsel for the petitioner submitted that the applicant-Ram Kaur is a necessary and proper party in the suit being a daughter of Khubi Ram. Learned counsel for respondent No. 1 on the other hand submitted that the petitioner has already filed a suit being No. 107 of 14.2.1992 "Ram Kaur V/s. Gulba Kaur" for declaration that she is the owner in possession of the property on account of Will dated 15.4.1971 executed by Khubi Ram in her favour. The petitioner has filed still another suit being No. 509 of 21.7.1992 for injunction. Learned counsel even submitted that in view of the fact that the petitioner has already filed a separate suit claiming title to the property on the basis of a Will, no useful purpose would be served by allowing the revision petition and directing petitioner's impleadment in the suit.