INDER SINGH Vs. JOGA SINGH

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by the learned trial Court on 14.02.2006 impleading Major Singh, Amandeep Kaur, Simarandeep Singh, Resham Singh and Kuldeep Singh as defendants.

(2.) THE present petitioners have filed a suit for permanent injunction restraining the defendants from interfering in the possession of the petitioners or raising any construction in the property bearing Khewat and Khatauni No. 13 and 15, Khasra No. 47(2-11), 46(1-3), 1(0-6). It is alleged that the plaintiffs along with one Manmohan Singh are the owners of the suit land. Manmohan Singh has given general power of attorney in favour of Balraj Singh on 9.11.2001. Balraj Singh has sold the property vide registered sale deed in favour of the applicants Major Singh 26.07.2002 and possession delivered in respect of the shares of the land to them. The applicants sought impleadment on the ground that the plaintiffs, brothers of Manmohan Singh, have filed the present suit for injunction claiming themselves to be the owners in possession of the total property whereas they are in possession of the property falling to the share of Manmohan Singh.

(3.) AT the time of motion hearing, learned counsel for the petitioners relied upon Single Bench decision of this Court reported as M/s Wimco Limited v. Horam and others, 2004(1) RCR (Civil) 437 : 2004(1) PLR 276 to contend that the purchaser of the property during the pendency of the suit was not a necessary party in terms of Order 1 Rule 10 of the Code of Civil Procedure, 1908. In the aforesaid case, the applicants have sought impleadment as transferee for the party to the suit.