SUDARSHAN SEWA TRUST Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THESE petitions are directed against the impugned order dated 3.2.2009 vide which a plea filed by the petitioner-trust under Order 1 Rule 10 C.P.C., for its impleadment as a party to the civil suit, was negatived by the learned Trial Court. The facts in the first instance: -

(2.) THE petitioner - trust filed the plea under Order 1 Rule 10 C.P.C., read with Section 151 C.P.C., on an averment that Parshotam Das aforementioned had gifted the property in suit to it vide registered gift deed dated 5.11.1969 (registered on 27.11.1969).

(3.) THE learned Trial Court declined the plea under Order 1 Rule 10 C.P.C. by observing that the property indicated in the gift deed is different from the property in suit and that the gift deed was in respect of Khasra nos. which had fallen to the share of Har Gopal, brother of Parshotam Das aforementioned. In drawing that inference, the learned Trial Court was also influenced by the fact that the gift deed had not been reflected in the revenue record and the petitioner had raised the claim for the first time on the basis of a gift deed " which had not seen the light of the day in the revenue record even." The learned Trial Court held that the plaintiffs- respondents could not be compelled to fight against a party which had not been impleaded by the former in the cause before the Trial Court.