SARDAR MOHINDER SINGH Vs. RATTAN SINGH

JUDGEMENT

(1.) This application under Section 151 read with Order 1 Rule 10 of the Code of Civil Procedure (hereafter referred to as the Code) has been moved by the applicant in the review petition, praying for bringing on record the discovery of more important matters and law and facts and for impleading Manjit Singh and Kiran Kumar as party respondents in the review petition.

(2.) It is averred in the application that after the dismissal of RSA No. 380 of 1993 by this Court, the judgment and decree wherein are sought to be reviewed, respondent No. 1 executed a registered sale deed dated 1.1.2002 of the land, subject matter of the said RSA, which brings to the fore the question as to from where the land sold by the said sale deed has now become available. Proposed respondent Manjit Singh is the power of attorney of respondent No. 1 and Kiran Kumar, the other proposed respondent, is the purchaser as per the sale deed, copy whereof is Annexure A/1. In these circumstances, the aforesaid application has been made to bring the aforesaid factum of sale on record and to implead the power of attorney of respondent No. 1 and Kiran Kumar as party -respondents in the review petition.

(3.) Proposed respondent Kiran Kumar filed reply to the application and raised the preliminary objections that the present application is not maintainable inasmuch as Order 1 Rule 10 of the Code is not applicable to the proceedings in review petition as the dispute between the parties stood finally decided with the dismissal of the RSA and that a civil suit against the proposed respondent Kiran Kumar has been instituted by the applicant challenging the validity of the sale in question. On merits, the claim as made out in the application has been denied, except admitting the execution of the sale deed as alleged in the application.