RASHPAL SINGH Vs. SHER SINGH

JUDGEMENT

(1.) CHALLENGE herein is to the order (Annexure P -6) passed by learned Civil Judge (Junior Division), Court No. II, Amb, District Una, in an application registered as CMA No. 303 of 2010 in Civil Suit No. 128 of 2005, whereby the application under Order 1 Rule 10 of the Code of Civil Procedure has been dismissed and the prayer made therein by the petitioners herein for their impleadment in the main suit declined.

(2.) THE subject matter of dispute in the lis is Shamlat land situated in village Sidh Chalehar, Tehsil Amb, District Una. One Sher Singh and 21 others have filed a suit against defendant No. 1, the State of Himachal Pradesh for the relief of declaration to the effect that the suit land being Shamlat Deh is Malkiat of the plaintiffs and proforma defendants No. 2 and 3 and that defendant No. 1 has no right, title or interest therein. The revenue entries showing the suit land in the name of defendant No. 1 in the capacity of owner have been sought to be declared as null and void and not binding on the plaintiffs. The suit presently is at its initial stage as only written statement on behalf of defendant No. 1 is filed. The petitioners in the meanwhile, however, have filed the application aforesaid with the prayer to implead them as proforma defendants in the suit. They claim themselves to be the persons similarly situated to the plaintiffs being proprietors of the suit land, which is Shamlat in the capacity of the residents of the same village where the suit land is situated. The suit land to the extent of their shares allegedly is under their use and possession since the time immemorial. They further claimed that they are in cultivating possession of the suit land in the capacity of co -shares prior to 26.1.1950 and have ancestral abadis as well as landed property in the village, i.e., Sidh Chalehar.

(3.) LEARNED trial Court after having taken into consideration the rival submissions, has dismissed the application with the following observations: