GIANI RAM Vs. BABA PRITAM SEWA SAMITI

JUDGEMENT

(1.) The petitioners in this civil revision, filed under Article 227 of the Constitution, are the present plaintiffs in Civil Suit No.318 of 2010 on the file of the learned Civil Judge (Junior Division), Gurgaon (hereinafter, 'the trial Court'). They were brought on record as the legal representatives of the deceased original sole plaintiff. The said suit was filed by him for a permanent injunction restraining the named defendants therein, 11 in number, from interfering with his possession over the suit property and dispossessing him therefrom. In the alternative, if he was dispossessed from the suit property, he sought a mandatory injunction to the defendants to hand over vacant possession of the suit property to him.

(2.) While so, the first respondent herein, Baba Pritam Sewa Samiti, Village Jouri, Farrukh Nagar, Gurgaon (hereinafter, 'the Samiti'), filed an application in the suit under Order 1 Rule 10 CPC seeking to be impleaded as a party defendant therein. By order dated 27.07.2015, the trial Court allowed the application and impleaded the Samiti as defendant No.12. Aggrieved thereby, the petitioners are before this Court.

(3.) Both the learned counsel placed reliance on case law. Perusal of the impleadment application filed by the Samiti demonstrates that it asserted that the suit property was a Samadhi, known as Baba Pritam Dass Saadh Samadhi, in the abadi of Village Jouri Kalan and the same was under its care and control. It is on this basis that the Samiti asserted that it was a necessary party to the suit and sought impleadment.